Fight over constitutional provisions to guard against oil, gas pollution moves ahead in New Mexico

By MORGAN LEE and SUSAN MONTOYA BRYAN
Associated Press

SANTA FE, N.M. (AP) — A New Mexico judge has cleared the way for a landmark lawsuit to proceed over allegations that the state has failed to meet its constitutional obligations for protecting against oil and gas pollution. Environmental groups and Native Americans who live near oil wells in the No. 2 producing state in the U.S. initially filed the case in 2023. They are seeking compliance with a “pollution control clause” in the New Mexico Constitution. Judge Matthew Wilson in an order issued denied a motion by the state to dismiss the case. He says there needs to be more scrutiny of the state’s responsibilities under the constitution.