From Center for Western Priorities <[email protected]>
Subject Look West: New Mexico judge clears way for landmark oil and gas pollution lawsuit
Date June 12, 2024 1:55 PM
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Look West: Public lands and energy news from the Center for Western Priorities


** New Mexico judge clears way for landmark oil and gas pollution lawsuit
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Wednesday, June 12, 2024
Oil Wells outside of Artesia, New Mexico, just North of Carlsbad. Source: Simon Foot, Flickr ([link removed])

A historic lawsuit in New Mexico will move forward ([link removed]) after a judge denied the state's request it be dismissed. The lawsuit centers on the state's responsibility to protect its residents from the effects of pollution.

Plaintiff Mario Atencio, who grew up in rural New Mexico, is suing the state ([link removed]) over its failure to protect residents from the impacts that fossil fuel extraction has on poor, frontline communities. Oil and gas operations emit chemicals, like benzene, which can cause cancer, according to the U.S. Department of Health and Human Services ([link removed].) . Research has also found a connection between ([link removed].) natural gas well activity and increased rates of birth defects. The Oil and Gas Threat Map shows tens of thousands of New
Mexicanslive within half a mile of oil and gas production sites ([link removed]) , with disproportionate impacts on Native American and Hispanic residents.

The case could have sweeping implications ([link removed]) for oil and gas drilling in the state, depending on its outcome. Regardless of who wins, the state legislature has absolute immunity from any liability under the New Mexico Civil Rights Act, according to the judge.

Julia Bernal, another plaintiff in the case, said she is hopeful that the courts will rule in their favor. But simply being able to bring the lawsuit is a win in and of itself. “If an outcome of this case outside of the courtroom is to speak to the story about historical legacies of extractivism and harm on traditional communities in New Mexico, then that will also serve its purpose,” she told KUNM. ([link removed])


** Quick hits
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Federal drought monitor system is not keeping up with climate change in the West, study finds

KUNR ([link removed])

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

KUNM ([link removed]) | Associated Press ([link removed]) | Albuquerque Journal ([link removed]) | E&E News ([link removed])

Yellowstone National Park calls for more bison in new plan

WyoFile ([link removed]) | Montana Free Press ([link removed])

Coal states challenge new Interior mining regulations

E&E News ([link removed])

Colorado oil and gas spills near 1,200 in 2023

Grand Junction Daily Sentinel ([link removed])

Financing, zoning, not federal land access, are what will expand affordable housing, experts say

Nevada Current ([link removed])

Internal BLM email raises questions about lithium mine review

E&E News ([link removed])

Department of Justice: Arizona can’t file claim on new monument

Arizona Capitol Times ([link removed])


** Quote of the day
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” When communities see coal companies cutting corners and violating the law, they deserve to know that wrongdoers will be held accountable in a timely manner.”

—Representative Raúl Grijalva of Arizona, E&E News ([link removed])


** Picture This
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@USFWS ([link removed])
Have you heard about the latest challenge? It's incredibly difficult, but we dare you to try it! The rules are simple: look at this Blanding's turtle for one minute without smiling.

📸 Courtney Celley/USFWS

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