IPANM & SF New Mexican (April 12, 2024) – State officials asked a District Court judge in Santa Fe on Friday to dismiss a lawsuit claiming they have violated a 1971 provision in the state constitution calling for the Legislature to control pollution and protect New Mexico’s “beautiful and healthful environment.”
Attorneys for the Legislature and Governor’s Office contend if the court intervenes, as the lawsuit requests, it would undercut lawmakers’ authority to determine environmental laws and, thus, violate the “separation of powers.”
“This would involve the court legislating in major areas of policy, both oil and gas regulation and pollution control, forever,” said attorney Elizabeth Radosevich, who represents the governor. “It is clear that the court, in doing so, would be sitting at the heart of legislative authority.”
A coalition of Indigenous people, youth, frontline community members and environmental groups filed the lawsuit in May 2023. Although the constitutional amendment has been around for a half-century, this is the first lawsuit based on this provision.
IPANM: Judge To Rule On Motion To Dismiss On A Later Date
SF New Mexican: Atencio v NM: Motion To Dismiss Hearing Concludes; No Ruling Yet
