Judge denies state’s request to dismiss oil and gas pollution lawsuit

By: Megan Gleason. Published in the Albuquerque Journal on June 10, 2024.

New Mexico’s leaders will have to continue in their efforts to prove they haven’t violated the state constitution by allegedly allowing oil and gas production to pollute the environment.

On Monday, Santa Fe County District Court Judge Matthew Wilson denied a request from the state and its officials to dismiss an oil and gas lawsuit filed by environmental and Indigenous advocacy groups and individuals in May 2023.

The case against the state of New Mexico, Gov. Michelle Lujan Grisham, state agencies and the Legislature claims the state and its leadership are violating their constitutional duties to a “beautiful and healthful environment.”

In September 2023, the state officials filed a motion to dismiss the case, and the state’s lawyers argued in April that the court would violate separation of powers if it ruled on the case.

Wilson rejected the motion on Monday, saying the plaintiffs have enough facts to support “a claim for declaratory relief.”

“While the Court may ultimately decline to enter declaratory judgement or grant injunctive relief under the political question doctrine, the Court concludes that Plaintiffs have set forth claims upon which relief may be granted,” Wilson wrote.

Additionally, the judge granted the Legislature immunity to claims related to the New Mexico Civil Rights Act, which includes four of five of the lawsuit’s claims against the Legislature and other state officials.

The court still must hold a hearing on the lawsuit, which hasn’t been scheduled yet.

“I’m confident the court will definitively enforce the constitutional protection of our state’s beautiful and healthful environment on behalf of the plaintiffs and every resident of New Mexico,” plaintiff attorney Gail Evans said in a statement on Monday.