A court hearing is scheduled this week in a lawsuit claiming New Mexico is violating residents' rights to a clean and healthy environment by not holding its oil and gas industry accountable.

Tim Davis, staff attorney for Wild Earth Guardians Climate and Energy Program, said the lawsuit was filed last May by a coalition that includes environmental groups, indigenous communities and frontline residents near extraction sites.

Oil and gas production and their revenues have skyrocketed in New Mexico in the past decade. But Davis said the state is not upholding its constitutional duty to control pollution by providing proper oversight after fossil-fuel projects are approved.

"We haven't increased the number of inspectors or inspections with the increase in production - the state has also not stepped up any enforcement activity," he argued.

According to the court case, several New Mexico laws meant to regulate hazardous waste and groundwater pollution explicitly exempt the oil and gas industry, and those that do apply are not adequately enforced. At the time of the filing, a spokesperson for the governor's office called the lawsuit "misguided," saying it would distract from the government's work on climate issues.

Oil and gas extraction revenues are the largest contributor to New Mexico's general fund, delivering the highest profit ever - $109 million - earlier this year. Production also has grown by about 10% over the past year. Davis believes that requires immediate action to remedy the increasing pollution problem.

"You have more and more production," he added. "We know that leads to more and more pollution, but at the same time we're not doing anything to control that pollution - and so this case at its core is about holding the State of New Mexico accountable."

The First Judicial Court in Santa Fe will hear arguments Friday over whether the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce can join the lawsuit as third-party intervenors. Davis will address the court case and other issues tonight as part of a climate-change speaker series sponsored by New Mexico State University.


get more stories like this via email

Several Connecticut counties rank poorly in the latest State of the Air report by the American Lung Association.

Four counties measured for ozone pollution received failing grades while three others got C's. The rankings stem from transportation emissions, the state's largest contributor to greenhouse gases.

Ruth Canovi, Connecticut advocacy director for the American Lung Association, said ozone pollution comes with serious health effects.

"I've had doctors explain it as almost like a sunburn on the lung," Canovi recounted. "It really causes irritation. High ozone levels can be linked to chest tightness, shortness of breath, coughing, cardiovascular issues so heart issues, worsening of already existing asthma."

There are ways for the General Assembly to tackle air quality issues. Bills related to climate change and renewable energy can help reduce ozone pollution and poor air quality. Canovi noted the Environmental Protection Agency's new clean truck standards can reduce nationwide emissions by up to 60% by 2032 and prevent 1 billion metric tons of carbon pollution.

Connecticut's air quality has improved since the report was first released, although it remains above safe levels. While there have been certain legislative challenges, Canovi pointed out other issues are hampering clean air improvement efforts.

"Climate change really is hindering our ability to clean up our air," Canovi emphasized. "In Connecticut, like I mentioned, that ozone piece, hotter and sunnier days create more ozone."

This report used data from 2020 through 2022. Canovi is eager to see next year's report since it will incorporate data from the months when Canadian wildfire smoke inundated East Coast states.


get more stories like this via email

A recent study by the Environmental Defense Fund showed communities near mega warehouses are exposed to more polluted air.

More than 2 million Illinois residents primarily in low income and communities of color live within half a mile of one of the facilities. Lawmakers are reviewing The Warehouse Pollution Insights Act, which, if passed, would mandate owners to submit emissions data to the Illinois Environmental Protection Agency and expand its truck and air quality monitoring capacity.

Sam Becker, global clean air project manager for the Environmental Defense Fund, said truck fumes are contributing to more health complications for nearby residents.

"Communities near these leased mega warehouses face higher rates of harmful air pollution associated with diseases like asthma, COPD, and stroke," Becker reported. "These are diseases that disproportionately impact children and older people."

A combination of city planning and zoning decisions, the communities' lack of political and economic capital due to systemic disenfranchisement, and a history of redlining -- credit denial by a bank or mortgage company based on faulty determinations of a neighborhood's low property values -- are also contributing reasons. Company owners said they place their facilities where land is most affordable and makes the most business sense for them.

The Advanced Clean Trucks Rule introduced last month would require truck manufacturers to sell more zero-emission trucks and school buses. The Environmental Defense Fund has called for emissions figures from the trucks to be made public. Becker argued logistics companies with truck fleets should take the lead on making the improvements.

"This means transitioning their fleets from polluting diesel vehicles to clean electric vehicles, paying workers a fair wage and giving them health care," Becker outlined. "It also means providing transparency around where the polluting facilities, including warehouses, are located."

Although Illinois does publish pollution data, specific warehouse emission figures are not public information. The Environmental Defense Fund wants more monitors to keep track of warehouse growth and the amount of pollution community members are being exposed to. The study found of the 2 million people who live within a half mile of a warehouse, 127,000 are under age five and 251,000 are over age 64. The report also found at least 525,000 freight truck trips per day service a total of 2,400 leased mega-warehouses across Illinois.

A coalition of climate groups seeking cleaner air at the rail yards and ports of Los Angeles and Long Beach will hold a "die-in" rally tomorrow at Los Angeles City Hall.

Nine climate, environmental and community organizations are calling on Mayor Karen Bass to support new rules coming soon from the South Coast Air Quality Management District.

Cristhian Tapia-Delgado, Southern California climate campaigner for the nonprofit Pacific Environment, explained the urgency behind the protest.

"These rules have been delayed for almost a decade now for the port," Tapia-Delgado pointed out. "Our communities can't keep waiting. People shouldn't be dying just because their homes are in vicinity to these polluting sources."

The City of Long Beach's 2019 Community Health Assessment found communities near the port suffered increased rates of respiratory diseases and up to 8 years shorter life expectancy.

The South Coast district board is set to consider indirect-source rules to set facility-wide emission reduction goals for rail yards in August and for the ports in December. Cargo shipping companies relying on diesel fuel have balked at the expense of converting to new engines or cleaner fuels. The California Chamber of Commerce said the rules would result in caps on cargo volumes and hurt jobs.

Tapia-Delgado hopes Bass will use her influence to produce real change.

"We're asking her to stick to her campaign promises of working with all levels of government on her 2030 zero-emission port goals to reduce the negative health impacts," Tapia-Delgado stressed.

Advocates are also expected to speak out tomorrow during the public comment period of the Los Angeles City Council meeting.