SANTA FE, N.M.— A New Mexico judge will hear arguments Friday on motions to dismiss a landmark lawsuit against the New Mexico governor, legislature and state agencies for failing to uphold their constitutional duty to control oil and gas pollution. The hearing’s outcome will determine whether the case proceeds to trial.

The lawsuit, Atencio v. State of New Mexico, targets the pollution control clause of the New Mexico constitution, which requires the state to prevent the despoilment of New Mexico’s air, water and other natural resources and protect the state’s beautiful and healthful environment.

A coalition of Indigenous peoples, youth, frontline community members and environmental groups filed the lawsuit in May 2023. The state and the oil and gas industry have filed motions to dismiss the case.

What: Hearing before New Mexico First Judicial District Court Judge Matthew Justin Wilson on the state’s motion to dismiss Atencio v. State of New Mexico.

When: 8:30 a.m. MST, Friday, April 12.

Where: First Judicial District Court of New Mexico, 225 Montezuma Ave., Santa Fe, N.M. 87501. The hearing will also be streamed online: https://meet.google.com/bbu-aujx-qfx. Plaintiffs and their attorneys will be available for interviews after the hearing.

Who: Gail Evans, an attorney with the Center for Biological Diversity, will represent individual and organizational plaintiffs (including Indigenous Lifeways, Pueblo Action Alliance, Youth United for Climate Crisis Action, WildEarth Guardians and the Center).

Background
Oil production in the state’s Permian Basin, one of the largest oilfields in the world, has increased nearly tenfold since 2010. That has led to a surge of devastating air, water and climate pollution and worsened the global climate crisis. As the second-largest oil-producing state in the country and one of the leading gas producers, New Mexico is responsible for more than 50% more greenhouse gas emissions than the national average.

Indigenous, youth and frontline communities are disproportionately harmed by the state’s failure to control oil and gas pollution. The lawsuit is the first to challenge the state for violating its pollution control clause, which New Mexico voters adopted in 1971. Plaintiffs are also challenging the state for violating the constitution’s equal protection and fundamental rights clauses.