Jan. 8—Environmental advocates are urging New Mexico lawmakers to green-light a constitutional amendment giving state residents the right to a clean environment.
It will be the fifth attempt to put a “green amendment” in front of New Mexico voters.
A resolution calling for a constitutional amendment wouldn’t need the governor’s signature if it passes both chambers of the Legislature; instead, it would appear on voters’ ballots statewide in the next general election. Lawmakers who favor the measure, which previously has stalled, hope it gets a fair shake in the session that starts Jan. 21.
“We have some changes in the Legislature, and I think that that could make a big difference,” said Sen. Antoinette Sedillo Lopez, D-Albuquerque, during a virtual news conference Tuesday.
“I also think that we now have more concerns about what the Trump administration might mean for our beautiful state,” she added, “so I think that might raise more interest in the amendment. And then we have sustained advocacy, and we have more and more advocates all the time.”
The legislation is expected to be filed later this week, said Sen. Harold Pope, D-Albuquerque.
Among a handful of new members of the House and Senate is Rep.-elect Joseph Hernandez, D-Shiprock, who said the amendment could help diversify the state’s energy economy, currently dominated by oil and gas.
While Republicans made small gains in the Legislature in the November election — which also put women in the majority — both chambers remain heavily Democratic.
“This is a lot about ensuring that we’re protecting … everything that we’ve been moving forward with, but also bringing in a lot of opportunity,” Hernandez said. “It’s really sunny over here in San Juan County, and through the green amendment, we could help grow an industry.”
Three other states — Montana, New York and Pennsylvania — have codified green amendments. Youth climate activists won a court case in Montana in 2023 accusing that state of violating their right to a clean environment. The ruling in state District Court was recently upheld by the Montana Supreme Court.
The decision gave hope to proponents of New Mexico’s green amendment and pause to critics over how a constitutional right to clean air and water could be applied in the state.
Opponents of the measure said it could increase the state’s litigation costs and negatively impact some industries. A fiscal analysis for the 2024 version said officials at several state agencies were concerned they would face higher numbers of lawsuits and increased costs. But the analysis also noted “information received from the Pace University School of Law indicates there are no specific costs as to increased litigation” from green amendments in New York and Pennsylvania.
Some New Mexico legislators on Tuesday said fears about increased litigation are overblown.
Sedillo Lopez said lawsuits brought under the green amendment would allow for claims to be brought against government entities, not private parties.
“There are a lot of lawsuits out there against some of the industries already, and I feel like that’s being left out of the conversation,” added Rep. Tara Lujan, D-Santa Fe. “I mean, that has to be very costly.”