Latest news with #environmentalRegulation
The Independent
4 days ago
- Business
- The Independent
New Mexico appeals court rejects lawsuit against oil and gas regulators
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.
Associated Press
4 days ago
- Business
- Associated 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.
The Independent
07-05-2025
- Business
- The Independent
Brazilian state's deforestation amnesty poses 'one of the greatest threats' to the Amazon
With little fanfare and virtually no publicity, lawmakers in the Brazilian state of Rondonia have passed legislation in favor of hundreds of cattle ranchers who had illegally converted swathes of Amazon rainforest into pasture land. The new legislation, which was passed April 28 and took effect immediately, also grants amnesty to slaughterhouses that purchased cattle illegally raised inside what had been the Jaci-Parana conservation area, which the new law effectively dissolves. 'All fines, notices of violation and other administrative penalties tied to the occupation and use of the area are automatically voided and carry no legal or financial consequences,' declared the law. One of the beneficiaries of the amnesty is likely to be JBS SA, the world's largest meatpacker, which is poised to start selling shares on the New York Stock Exchange in June. According to a 2023 audit by Brazil´s Federal Prosecution Service, 12% of cattle purchased by JBS in Rondonia came from illegally deforested areas. In exchange for the amnesty, cattle ranchers must join Rondonia's environmental regularization program, which requires them to halt deforestation and submit a plan to reforest part of the area. The law does not give them the public land, but allows it to be used under concession for 30 years. They will also be allowed to sell cattle, despite a law forbidding commercial cattle in Brazil's protected areas. Around 216,000 head graze on pasture there, according to the state animal division. 'The law is an affront. If it's not declared unconstitutional, it will pose one of the greatest threats to the protection of all conservation areas facing land invasions,' said Wellington Lamburgini, a coordinator with the local chapter of the Pastoral Land Commission, a nonprofit affiliated with the Catholic Church. 'It sends the message that this crime is tolerated and will eventually be legalized.' State lawmaker Luís do Hospital, who sponsored the bill, Alex Redano, president of the state parliament, and JBS all declined to comment. Legal loopholes The expectation that illegally used land will become sanctioned has been the main driver of deforestation in the Amazon. Land-grabbers clear land in hopes it will eventually be legalized due to lax land laws or government amnesties. In most cases, the forest is cleared for pasture to show economic activity. In recent years, Rondonia's attorney general's office, state prosecutor's office and environmental agency have fined and prosecuted hundreds of cattle ranchers and four slaughterhouses for causing damage inside the Jaci-Parana conservation area, where large-scale cattle raising is forbidden. Fines and pending legal settlements total $280 million — a fraction of the more than $1 billion in damages estimated by Rondonia state. Many of the 778 identified land invaders have never been prosecuted. While several have been convicted, most have escaped punishment due to legal loopholes. The state prosecutor's office told The Associated Press it is considering appealing the new law. The attorney general's office declined to comment. In December 2023, the state's attorney sued JBS and three other slaughterhouses for buying cattle raised in Jaci-Parana. Months later, two of the slaughterhouses — Distriboi and Frigon — were ordered, along with three cattle ranchers, to pay $764,000 for causing environmental damage. Neither company responded to requests for comment. 'Could cause immeasurable harm' JBS is facing three lawsuits pending trial. In one of them, the company argued that it has an environmental monitoring program that has blocked over 20,000 farms in Rondonia alone, according to the company's defense included in the court filings. It also states that the lawsuit is based on purchasing only 73 heads of cattle, representing 0.0006% of the company´s purchases in the state. According to the company, the transaction, which took place 12 years ago, involved fraud from the cattle rancher, as he used geographic coordinates outside the Jaci-Parana reserve to make the sale appear legal. The producer has since been blocked from further sales. 'The mere existence of this lawsuit — even if ultimately unsuccessful — could cause immeasurable harm to JBS and, by extension, to Brazil's economy, to which the company contributes significantly, accounting for roughly 2.1% of the national GDP," the company said in court filings. In a statement to AP, the meatpacker said that starting Jan. 1, 2026, it will only buy cattle from producers enrolled in its Transparent Livestock Platform, which allows ranchers to register information about their own suppliers, who will also be subject to JBS's socio-environmental compliance criteria. Last month, the U.S. Securities and Exchange Commission approved the listing of JBS on the New York Stock Exchange despite strong opposition from environmental groups. ____ The Associated Press' climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at
Associated Press
07-05-2025
- Business
- Associated Press
Brazilian state's deforestation amnesty poses ‘one of the greatest threats' to the Amazon
SAO PAULO, Brazil (AP) — With little fanfare and virtually no publicity, lawmakers in the Brazilian state of Rondonia have passed legislation in favor of hundreds of cattle ranchers who had illegally converted swathes of Amazon rainforest into pasture land. The new legislation, which was passed April 28 and took effect immediately, also grants amnesty to slaughterhouses that purchased cattle illegally raised inside what had been the Jaci-Parana conservation area, which the new law effectively dissolves. 'All fines, notices of violation and other administrative penalties tied to the occupation and use of the area are automatically voided and carry no legal or financial consequences,' declared the law. One of the beneficiaries of the amnesty is likely to be JBS SA, the world's largest meatpacker, which is poised to start selling shares on the New York Stock Exchange in June. According to a 2023 audit by Brazil´s Federal Prosecution Service, 12% of cattle purchased by JBS in Rondonia came from illegally deforested areas. In exchange for the amnesty, cattle ranchers must join Rondonia's environmental regularization program, which requires them to halt deforestation and submit a plan to reforest part of the area. The law does not give them the public land, but allows it to be used under concession for 30 years. They will also be allowed to sell cattle, despite a law forbidding commercial cattle in Brazil's protected areas. Around 216,000 head graze on pasture there, according to the state animal division. 'The law is an affront. If it's not declared unconstitutional, it will pose one of the greatest threats to the protection of all conservation areas facing land invasions,' said Wellington Lamburgini, a coordinator with the local chapter of the Pastoral Land Commission, a nonprofit affiliated with the Catholic Church. 'It sends the message that this crime is tolerated and will eventually be legalized.' State lawmaker Luís do Hospital, who sponsored the bill, Alex Redano, president of the state parliament, and JBS all declined to comment. Legal loopholes The expectation that illegally used land will become sanctioned has been the main driver of deforestation in the Amazon. Land-grabbers clear land in hopes it will eventually be legalized due to lax land laws or government amnesties. In most cases, the forest is cleared for pasture to show economic activity. In recent years, Rondonia's attorney general's office, state prosecutor's office and environmental agency have fined and prosecuted hundreds of cattle ranchers and four slaughterhouses for causing damage inside the Jaci-Parana conservation area, where large-scale cattle raising is forbidden. Fines and pending legal settlements total $280 million — a fraction of the more than $1 billion in damages estimated by Rondonia state. Many of the 778 identified land invaders have never been prosecuted. While several have been convicted, most have escaped punishment due to legal loopholes. The state prosecutor's office told The Associated Press it is considering appealing the new law. The attorney general's office declined to comment. In December 2023, the state's attorney sued JBS and three other slaughterhouses for buying cattle raised in Jaci-Parana. Months later, two of the slaughterhouses — Distriboi and Frigon — were ordered, along with three cattle ranchers, to pay $764,000 for causing environmental damage. Neither company responded to requests for comment. 'Could cause immeasurable harm' JBS is facing three lawsuits pending trial. In one of them, the company argued that it has an environmental monitoring program that has blocked over 20,000 farms in Rondonia alone, according to the company's defense included in the court filings. It also states that the lawsuit is based on purchasing only 73 heads of cattle, representing 0.0006% of the company´s purchases in the state. According to the company, the transaction, which took place 12 years ago, involved fraud from the cattle rancher, as he used geographic coordinates outside the Jaci-Parana reserve to make the sale appear legal. The producer has since been blocked from further sales. 'The mere existence of this lawsuit — even if ultimately unsuccessful — could cause immeasurable harm to JBS and, by extension, to Brazil's economy, to which the company contributes significantly, accounting for roughly 2.1% of the national GDP,' the company said in court filings. In a statement to AP, the meatpacker said that starting Jan. 1, 2026, it will only buy cattle from producers enrolled in its Transparent Livestock Platform, which allows ranchers to register information about their own suppliers, who will also be subject to JBS's socio-environmental compliance criteria. Last month, the U.S. Securities and Exchange Commission approved the listing of JBS on the New York Stock Exchange despite strong opposition from environmental groups. ____ The Associated Press' climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at
