Latest news with #CenterforBiologicalDiversity
a day ago
- Business
New Mexico appeals court rejects lawsuit against oil and gas regulators
SANTA FE, N.M. -- A New Mexico appeals court rejected a lawsuit alleging that the nation's No. 2 oil-producing state failed to meet constitutional provisions for protecting against oil and gas industry pollution, in an opinion Tuesday. Environmental advocates vowed to appeal the matter to the state's top court. A panel of three judges on the New Mexico Court of Appeals found that it was beyond the judiciary's authority to weigh whether the pollution controls are adequate, writing that the state Constitution directs the Legislature to balance the benefits of environmental regulation with natural resources development. The 2023 lawsuit from a coalition of environmental groups was the first to invoke the constitution's pollution-control clause, a 1971 amendment requiring that New Mexico prevent the contamination of air, water and other natural resources. 'While plaintiffs correctly observe that, as the 'Land of Enchantment,' the state's beauty is central to our identity, we cannot ignore the long history of permitting oil and gas extraction within our borders," the panel wrote, invoking the state motto. 'If anything, the law, history, and tradition of our state demonstrates that resource extraction must be considered alongside, and must coexist with, pollution control legislation.' Gail Evans, an attorney at the Center for Biological Diversity and lead counsel on the case, said Tuesday's opinion would dismiss the case entirely if unchallenged and 'displays a fundamental misunderstanding of our constitution and constitutional rights.' She said plaintiffs intent to appeal to the state Supreme Court. 'Fifty years ago, New Mexico voted to amend the constitution and to provide protections from industry pollution and the court has found today that the amendment — the pollution control clause — is essentially meaningless, and that has to be wrong,' Evans said. The court challenge comes as New Mexico's state government rides a wave of record income from development in the Permian Basin, one of the world's most productive, oil-producing regions. Oil-related revenue collections underwrite a considerable amount of the state's budget, including public education. Gov. Michelle Lujan Grisham's administration is policing the industry with regulations that target methane and other emissions. But the Center for Biological Diversity and other groups say these efforts are not enough and that the state is failing to enforce existing pollution-control measures. Attorneys for the Democratic-led Legislature and environmental regulators said the lawsuit threatened their constitutional authority. Appeals Judge Katherine Wray issued an additional concurring opinion, expressing further limitations of the pollution control clause.
Hamilton Spectator
2 days ago
- Business
- Hamilton Spectator
New Mexico appeals court rejects lawsuit against oil and gas regulators
SANTA FE, N.M. (AP) — A New Mexico appeals court rejected a lawsuit alleging that the nation's No. 2 oil-producing state failed to meet constitutional provisions for protecting against oil and gas industry pollution, in an opinion Tuesday. Environmental advocates vowed to appeal the matter to the state's top court. A panel of three judges on the New Mexico Court of Appeals found that it was beyond the judiciary's authority to weigh whether the pollution controls are adequate, writing that the state Constitution directs the Legislature to balance the benefits of environmental regulation with natural resources development. The 2023 lawsuit from a coalition of environmental groups was the first to invoke the constitution's pollution-control clause, a 1971 amendment requiring that New Mexico prevent the contamination of air, water and other natural resources. 'While plaintiffs correctly observe that, as the 'Land of Enchantment,' the state's beauty is central to our identity, we cannot ignore the long history of permitting oil and gas extraction within our borders,' the panel wrote, invoking the state motto. 'If anything, the law, history, and tradition of our state demonstrates that resource extraction must be considered alongside, and must coexist with, pollution control legislation.' Gail Evans, an attorney at the Center for Biological Diversity and lead counsel on the case, said Tuesday's opinion would dismiss the case entirely if unchallenged and 'displays a fundamental misunderstanding of our constitution and constitutional rights.' She said plaintiffs intent to appeal to the state Supreme Court. 'Fifty years ago, New Mexico voted to amend the constitution and to provide protections from industry pollution and the court has found today that the amendment — the pollution control clause — is essentially meaningless, and that has to be wrong,' Evans said. The court challenge comes as New Mexico's state government rides a wave of record income from development in the Permian Basin, one of the world's most productive, oil-producing regions. Oil-related revenue collections underwrite a considerable amount of the state's budget , including public education. Gov. Michelle Lujan Grisham's administration is policing the industry with regulations that target methane and other emissions. But the Center for Biological Diversity and other groups say these efforts are not enough and that the state is failing to enforce existing pollution-control measures. Attorneys for the Democratic-led Legislature and environmental regulators said the lawsuit threatened their constitutional authority. Appeals Judge Katherine Wray issued an additional concurring opinion, expressing further limitations of the pollution control clause. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Yahoo
2 days ago
- Health
- Yahoo
Court of Appeals rejects lawsuit targeting NM's oil and gas pollution enforcement
Jun. 3—SANTA FE — The state Court of Appeals on Tuesday dismissed a landmark lawsuit that could have halted oil and gas drilling in New Mexico, the nation's second-highest oil producing state. While the ruling is expected to be appealed, it dealt a blow to plaintiffs who claimed the state's failure to enact strict pollution control measures had led to damaging health issues. Those plaintiffs included Native American activists and several environmental groups who filed the lawsuit and lamented its dismissal. "New Mexicans amended our constitution 50 years ago to protect our residents from pollution," said Gail Evans, an attorney at the Center for Biological Diversity. "With this terrible ruling, the court has eviscerated our constitutionally protected rights." She also predicted the Tuesday ruling would lead to more air pollution, more contaminated land and water, and more sickness in New Mexico communities. "We'll continue our fight against the filthy oil and gas industry on behalf of all New Mexicans and will be appealing this decision to the state Supreme Court," Evans added. The lawsuit was filed in state District Court in 2023, with plaintiffs attorneys at the time comparing the effort to a court challenge targeting New Mexico's public education system that led to a landmark 2018 ruling. But a three-judge panel of the Court of Appeals found a constitutional provision declaring the protection of the state's "beautiful and healthful environment" to be of fundamental public interest does not compel certain action by the legislative and executive branches. "By its plain text, the (pollution control clause) contains no enforceable right, guaranteed to any individual or group, to be free from a given amount of pollution," Court of Appeals Judge Miles Hanisee wrote in his ruling. "Nor can it be inferred to create an enforceable right to a beautiful and healthful environment." Missi Currier, the president and CEO of the New Mexico Oil and Gas Association, commended the court's ruling to dismiss the lawsuit. "This decision affirms the importance of maintaining a clear, constitutional separation between policymaking and judicial interpretation," Currier said in a statement. She also said the state's oil and gas industry is committed to responsible development, environmental stewardship and economic opportunity for state residents. "We believe that meaningful progress on climate and energy must come from collaboration, innovation, and respect for the rule of law," Currier added. Oil production has surged in New Mexico in recent years, driving state revenue collections to record-high levels. Oil and gas revenue make up about 35% of the state's $13.6 billion in projected revenue for the coming fiscal year, according to legislative data. Specifically, New Mexico crude oil production more than doubled from March 2020 to March of this year, jumping from 34,873 barrels to 69,958 barrels. But some New Mexicans say that production boom has come at a high cost, citing elevated methane emissions — even after enactment of a new state methane rule in 2021 — and health issues in the Permian Basin and Four Corners region, where much of the oil and natural gas activity is located. Meanwhile, the Court of Appeals' ruling comes less than a year after a state judge in Santa Fe allowed the case to move forward. Attorneys for the state and top state officials, including Gov. Michelle Lujan Grisham, had previously filed a motion in September 2023 seeking to have the lawsuit dismissed on the grounds of separation of powers.
Yahoo
2 days ago
- Business
- Yahoo
Court of Appeals rejects lawsuit targeting NM's oil and gas pollution enforcement
Jun. 3—SANTA FE — The state Court of Appeals on Tuesday dismissed a landmark lawsuit that could have halted oil and gas drilling in New Mexico, the nation's second-highest oil producing state. While the ruling is expected to be appealed, it dealt a blow to plaintiffs who claimed the state's failure to enact strict pollution control measures had led to damaging health issues. Those plaintiffs included Native American activists and several environmental groups who filed the lawsuit and lamented its dismissal. "New Mexicans amended our constitution 50 years ago to protect our residents from pollution," said Gail Evans, an attorney at the Center for Biological Diversity. "With this terrible ruling, the court has eviscerated our constitutionally protected rights." She also predicted the Tuesday ruling would lead to more air pollution, more contaminated land and water, and more sickness in New Mexico communities. "We'll continue our fight against the filthy oil and gas industry on behalf of all New Mexicans and will be appealing this decision to the state Supreme Court," Evans added. The lawsuit was filed in state District Court in 2023, with plaintiffs attorneys at the time comparing the effort to a court challenge targeting New Mexico's public education system that led to a landmark 2018 ruling. But a three-judge panel of the Court of Appeals found a constitutional provision declaring the protection of the state's "beautiful and healthful environment" to be of fundamental public interest does not compel certain action by the legislative and executive branches. "By its plain text, the (pollution control clause) contains no enforceable right, guaranteed to any individual or group, to be free from a given amount of pollution," Court of Appeals Judge Miles Hanisee wrote in his ruling. "Nor can it be inferred to create an enforceable right to a beautiful and healthful environment." Missi Currier, the president and CEO of the New Mexico Oil and Gas Association, commended the court's ruling to dismiss the lawsuit. "This decision affirms the importance of maintaining a clear, constitutional separation between policymaking and judicial interpretation," Currier said in a statement. She also said the state's oil and gas industry is committed to responsible development, environmental stewardship and economic opportunity for state residents. "We believe that meaningful progress on climate and energy must come from collaboration, innovation, and respect for the rule of law," Currier added. Oil production has surged in New Mexico in recent years, driving state revenue collections to record-high levels. Oil and gas revenue make up about 35% of the state's $13.6 billion in projected revenue for the coming fiscal year, according to legislative data. Specifically, New Mexico crude oil production more than doubled from March 2020 to March of this year, jumping from 34,873 barrels to 69,958 barrels. But some New Mexicans say that production boom has come at a high cost, citing elevated methane emissions — even after enactment of a new state methane rule in 2021 — and health issues in the Permian Basin and Four Corners region, where much of the oil and natural gas activity is located. Meanwhile, the Court of Appeals' ruling comes less than a year after a state judge in Santa Fe allowed the case to move forward. Attorneys for the state and top state officials, including Gov. Michelle Lujan Grisham, had previously filed a motion in September 2023 seeking to have the lawsuit dismissed on the grounds of separation of powers.
Winnipeg Free Press
2 days ago
- Business
- Winnipeg Free Press
New Mexico appeals court rejects lawsuit against oil and gas regulators
SANTA FE, N.M. (AP) — A New Mexico appeals court rejected a lawsuit alleging that the nation's No. 2 oil-producing state failed to meet constitutional provisions for protecting against oil and gas industry pollution, in an opinion Tuesday. Environmental advocates vowed to appeal the matter to the state's top court. A panel of three judges on the New Mexico Court of Appeals found that it was beyond the judiciary's authority to weigh whether the pollution controls are adequate, writing that they'll defer to the Legislature to balance the benefits of environmental regulation with natural resources development. The 2023 lawsuit from a coalition of environmental groups was the first to invoke the constitution's pollution-control clause, a 1971 amendment requiring that New Mexico prevent the contamination of air, water and other natural resources. 'While plaintiffs correctly observe that, as the 'Land of Enchantment,' the state's beauty is central to our identity, we cannot ignore the long history of permitting oil and gas extraction within our borders,' the panel wrote, invoking the state motto. 'If anything, the law, history, and tradition of our state demonstrates that resource extraction must be considered alongside, and must coexist with, pollution control legislation.' Gail Evans, an attorney at the Center for Biological Diversity and lead counsel on the case, said Tuesday's opinion would dismiss the case entirely if unchallenged and 'displays a fundamental misunderstanding of our constitution and constitutional rights.' She said plaintiffs intent to appeal to the state Supreme Court. 'Fifty years ago, New Mexico voted to amend the constitution and to provide protections from industry pollution and the court has found today that the amendment — the pollution control clause — is essentially meaningless, and that has to be wrong,' Evans said. The court challenge comes as New Mexico's state government rides a wave of record income from development in the Permian Basin, one of the world's most productive, oil-producing regions. Oil-related revenue collections underwrite a considerable amount of the state's budget, including public education. Gov. Michelle Lujan Grisham's administration is policing the industry with regulations that target methane and other emissions. But the Center for Biological Diversity and other groups say these efforts are not enough and that the state is failing to enforce existing pollution-control measures. Attorneys for the Democratic-led Legislature and environmental regulators said the lawsuit threatened their constitutional authority. Appeals Judge Katherine Wray issued an additional concurring opinion, expressing further limitations of the pollution control clause.
