New Mexico’s Pollution Problem: A Constitutionally Challenged Lawsuit

In May, a groundbreaking constitutional lawsuit was filed against the state of New Mexico for failing to control increasing air pollution. Several groups, including Indigenous communities and environmentalists, are petitioning the court to allow them to intervene in the case. The lawsuit claims that the state is violating the pollution control clause of the New Mexico Constitution, which requires the state to prevent the despoilment of natural resources for the benefit of its people.

On Friday, the case will be heard before the First Judicial District Court. Plaintiffs will be arguing against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce, who claim that the lawsuit would directly affect their business interests. However, Gail Evans, lead council for the plaintiffs, argues that only the state can violate constitutional rights. The state has also filed a motion to dismiss