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New Mexico Appeals Court orders dismissal of oil and gas pollution lawsuit
New Mexico Appeals Court orders dismissal of oil and gas pollution lawsuit

Yahoo

time04-06-2025

  • Business
  • Yahoo

New Mexico Appeals Court orders dismissal of oil and gas pollution lawsuit

A pumpjack operates north of Carlsbad, NM. The New Mexico Court of Appeals ruled to dismiss a lawsuit alleging the state violated the state constituion and failied to protect residents from oil and gas pollution.(Photo by Jerry Redfern / Capital & Main) The New Mexico Court of Appeals ordered a lower court Tuesday to toss a case alleging that state officials failed to protect residents from oil and gas pollution in violation of the New Mexico State Constitution. In the order issued Tuesday, justices in the New Mexico Court of Appeals reversed a lower court's ruling and concluded that the judiciary does not have the power to address the plaintiffs' claims. 'The relief Plaintiffs seek—as presented by their complaint—exceeds the boundary of that which the judiciary is authorized to grant,' wrote Chief Judge Jacqueline Medina. Justices ordered the lower court to dismiss the complaint. The civil lawsuit was first filed in May of 2023 on behalf of environmental groups, youth activists and individuals from the Pueblos, the Permian Basin and Navajo Nation against the Legislature, New Mexico's top officials and rulemaking bodies on oil and gas. The lawsuit alleged the state government failed to limit permitting of oil and gas production and did not adequately enforce pollution laws, which plaintiffs argued is a violation of a 1971 amendment to the state constitution, called the Pollution Control Clause. 'The protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.' Further, the plaintiffs argued the state's actions around oil and gas production and pollution discriminated against Indigenous people, youth and frontline communities. Plaintiffs requested the courts rule that the state has a constitutional duty to prevent pollution — similar to landmark rulings in education and workers' compensation — and asked the courts to 'suspend additional permitting of oil and gas wells' until the state is in compliance. Moreover, plaintiffs asked the courts order state government to install a regulatory structure and plan to protect from pollution. Attorneys for the State of New Mexico argued the ruling oversteps separations of power between the branches of government, and that youth and frontline communities are not protected classes and there's no discriminatory intent. In June 2024, First District Judge Matthew Wilson dismissed the plaintiffs' claims against the Legislature, but allowed the case to continue moving through the courts to determine if a constitutional right to pollution control exists. On Tuesday, the Appeals Court determined the state Constitution does not grant any specific right 'to any individual or group, to be free from a given amount of pollution. Nor can it be inferred to create an enforceable right to a beautiful and healthful environment,' Medina wrote. Additionally, justices agreed with the state's arguments that frontline and youth are not classifications for discriminatory treatment. Gail Evans, lead counsel for the Center for Biological Diversity, said plaintiffs plan to appeal Tuesday's decision. 'New Mexicans amended our constitution 50 years ago to protect our residents from pollution. With this terrible ruling, the court has eviscerated our constitutionally protected rights,' Evans said in a written statement. 'This will lead to more air pollution, more contaminated land and water, and more sickness in our 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.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court
Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court

Yahoo

time12-02-2025

  • Yahoo

Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court

Jacqueline Medina drove 13 hours from Nevada to Texas to face her daughter's alleged murderer in court for the first time Feb. 6. Rafael Govea Romero, a 25-year-old illegal immigrant from Mexico, is accused of breaking into Jacqueline Medina's former Edna apartment the morning of Dec. 5, 2023, and fatally stabbing her 16-year-old daughter, Lizbeth Medina, who was getting ready for school at the time. He allegedly left her body in a bathtub. "This is the first time I saw him," Medina told Fox News Digital after the hearing. "I wanted to sit right behind him. I wanted him to look at me. I wanted him to see me … and let him know that I'm here, regardless of all the pain that he's making me feel and put my family through. We stand strong, and he's not going to win." Medina recalled making eye contact with the suspect for the first time. She said he was taller than she expected. Illegal Immigrant Charged In Cheerleader's Murder 'Knew What He Was Doing' Despite Latest Claim, Mom Says "My daughter wasn't that tall," she said. "So, just thinking that my daughter had to fight him, what could she have done? Like, did she even have a chance against this man? He's so tall and big, and it was just terrible. Read On The Fox News App "I did have eye contact with him, and he just looked down and looked away. I saw the shame in him like he understood the pain that he put us through. He showed me that just by looking down when I looked at him straight in his eye," Medina recalled. "At one point, I felt like I wasn't going to be able to sit there. I started shaking violently. I started hyperventilating. I couldn't breathe. I cried. It's just crazy how physical the emotions can get." Trump Win Moves Slain Cheerleader's Mom To Tears As Illegal Immigrant Suspect Faces Murder Trial During Thursday's hearing in Jackson County, a judge found Romero competent to stand trial and set a tentative trial date for August. Medina said the decision felt like a weight lifted off her shoulders. Texas Teen Lizbeth Medina Murder: What To Know About Murder Suspect Rafael Govea Romero "I got the information in November that there was going to be some type of insanity plea," she said. "That … broke me. I was starting to lose hope in the system. And then I started doubting whether we were going to get justice." After Thursday's hearing, however, she feels more confident that "things are going in the right direction." Jacqueline held a keychain featuring a photo of her daughter in her hand throughout the proceedings to give her "strength." "Having her there with me really helped," she said. Medina left her apartment for work early Dec. 5, 2023. Lizbeth, a high school cheerleader who had dreams of studying nursing at the University of Texas at Arlington, typically left for school shortly after her mom went to work, but that day she did not make it to school or the Christmas parade that her cheer team was supposed to be practicing for. Mom Of Texas Teen Allegedly Killed By Illegal Immigrant Suspect Calls For Change After Laken Riley Murder Jacqueline returned home that evening after no one had heard from or seen Lizbeth and found her dead in the bathtub of their apartment. Edna Police arrested Romero in Schulenburg, Texas, five days after Lizbeth's death. The murder suspect was reportedly on probation for a 2022 burglary in Schulenburg, about 60 miles from Edna, The Fayette County Record first reported. Edna Police said Romero may also be tied to a burglary at Lizbeth's home about a month before her killing. Follow The Fox True Crime Team On X Neither Medina nor Lizbeth knew Romero, but Medina noted that their house had been burglarized on Nov. 13, 2023, about a month before the teenager's murder. Edna Police officers believe Romero may have been involved in the burglary and may have stalked Lizbeth before allegedly attacking and killing her. Romero has pleaded not guilty in the capital murder case. Click To Get The Fox News App Romero's defense team also filed a motion to suppress certain evidence late last year, arguing Edna Police Department officers searched and detained Romero without reasonable suspicion, and they searched his apartment without consent from the suspect, the Advocate reported. The suspect's defense attorney, Ross Reifel, did not immediately respond to an inquiry from Fox News Digital. Romero is being held on $2 million bond in Jackson article source: Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court

Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court
Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court

Fox News

time12-02-2025

  • Fox News

Migrant suspect in Texas cheerleader's murder confronted by victim's grieving mom in court

Jacqueline Medina drove 13 hours from Nevada to Texas to face her daughter's alleged murderer in court for the first time Feb. 6. Rafael Govea Romero, a 25-year-old illegal immigrant from Mexico, is accused of breaking into Jacqueline Medina's former Edna apartment the morning of Dec. 5, 2023, and fatally stabbing her 16-year-old daughter, Lizbeth Medina, who was getting ready for school at the time. He allegedly left her body in a bathtub. "This is the first time I saw him," Medina told Fox News Digital after the hearing. "I wanted to sit right behind him. I wanted him to look at me. I wanted him to see me … and let him know that I'm here, regardless of all the pain that he's making me feel and put my family through. We stand strong, and he's not going to win." Medina recalled making eye contact with the suspect for the first time. She said he was taller than she expected. "My daughter wasn't that tall," she said. "So, just thinking that my daughter had to fight him, what could she have done? Like, did she even have a chance against this man? He's so tall and big, and it was just terrible. "I did have eye contact with him, and he just looked down and looked away. I saw the shame in him like he understood the pain that he put us through. He showed me that just by looking down when I looked at him straight in his eye," Medina recalled. "At one point, I felt like I wasn't going to be able to sit there. I started shaking violently. I started hyperventilating. I couldn't breathe. I cried. It's just crazy how physical the emotions can get." During Thursday's hearing in Jackson County, a judge found Romero competent to stand trial and set a tentative trial date for August. Medina said the decision felt like a weight lifted off her shoulders. "I got the information in November that there was going to be some type of insanity plea," she said. "That … broke me. I was starting to lose hope in the system. And then I started doubting whether we were going to get justice." After Thursday's hearing, however, she feels more confident that "things are going in the right direction." "I have a big feeling that the thoughts of everyone praying for us and all the love that's been shown is a big part of what's keeping us strong as a family and as a community." Jacqueline held a keychain featuring a photo of her daughter in her hand throughout the proceedings to give her "strength." "Having her there with me really helped," she said. Medina left her apartment for work early Dec. 5, 2023. Lizbeth, a high school cheerleader who had dreams of studying nursing at the University of Texas at Arlington, typically left for school shortly after her mom went to work, but that day she did not make it to school or the Christmas parade that her cheer team was supposed to be practicing for. Jacqueline returned home that evening after no one had heard from or seen Lizbeth and found her dead in the bathtub of their apartment. Edna Police arrested Romero in Schulenburg, Texas, five days after Lizbeth's death. The murder suspect was reportedly on probation for a 2022 burglary in Schulenburg, about 60 miles from Edna, The Fayette County Record first reported. Edna Police said Romero may also be tied to a burglary at Lizbeth's home about a month before her killing. Neither Medina nor Lizbeth knew Romero, but Medina noted that their house had been burglarized on Nov. 13, 2023, about a month before the teenager's murder. Edna Police officers believe Romero may have been involved in the burglary and may have stalked Lizbeth before allegedly attacking and killing her. Romero has pleaded not guilty in the capital murder case. Romero's defense team also filed a motion to suppress certain evidence late last year, arguing Edna Police Department officers searched and detained Romero without reasonable suspicion, and they searched his apartment without consent from the suspect, the Advocate reported. The suspect's defense attorney, Ross Reifel, did not immediately respond to an inquiry from Fox News Digital. Romero is being held on $2 million bond in Jackson County.

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