District Court Judge Matthew Wilson has DENIED requests made by attorneys for the State and the Oil and Gas Industry to dismiss our constitutional lawsuit addressing oil and gas pollution. The State Of New Mexico will stand trial for allowing industry to pollute our lands, air, and water, in the name of short-sighted profits.
Our lawsuit, Atencio v. State of New Mexico, is the first to challenge the state for violating the pollution control clause of the New Mexico Constitution. Article 20, Section 21 requires the state to prevent the despoilment of air, water and other natural resources and protect New Mexico’s beautiful and healthful environment. Plaintiffs are also challenging the state for violating the constitution’s equal protection and fundamental rights clauses.
The New Mexico governor, legislature, state agencies and the New Mexico Chamber of Commerce all joined together and moved to dismiss the case, arguing that the lawsuit raised political questions, not legal questions for the court to decide. The Independent Petroleum Association of New Mexico, an oil industry trade group, has also intervened in the case on behalf of the state.
Siding with the plaintiffs, Judge Matthew Wilson upheld the long-standing principle that the court’s role is to interpret and enforce the state constitution and determine whether the state is complying with its constitutional duties, including the duty to control pollution.
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