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.
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Clean-air advocates in Colorado are celebrating new EPA standards, which they believe can play a major role in reducing air pollution impacting national parks and Colorado's Front Range communities.
The rule aims to cut more than seven billion tons of greenhouse gases by requiring carmakers to reduce or eliminate tailpipe pollution.
Travis Madsen, transportation program director for the Southwest Energy Efficiency Project, said the EPA's goals are achievable, because you can drive where you want to go right now using zero-emission technology.
"Electric vehicles can take us along scenic byways. We've got charging stations between Denver, where I live, and Rocky Mountain National Park. The tools are here now, they're available, they work, they can cut pollution," he said.
The EPA downgraded the Front Range to "severe" for air quality violations in 2022, largely due to ground-level ozone pollution produced by oil and gas operations and tailpipe emissions. The new rule, which applies to passenger cars up to medium-duty vehicles sold between 2027 and 2032, has been embraced by automakers and unions.
The EPA projects that the rule will create $100 billion in benefits each year, including $13 billion in health-care savings due to improved air quality.
Gary Hall, Estes Park mayor, said the air has been so bad lately that it's hard to see the mountains in Rocky Mountain National Park. He says poor air quality - from wildfires linked to climate change, or ground-level ozone - impacts the national park experience for tourists, and many don't return as often.
"And therefore it impacts the economy. My hotel owners suffer, my restaurants suffer, my merchants selling Estes Park t-shirts and taffy suffer," Hall claimed.
The rule gives automakers flexibility on how to cut emissions. Advanced gasoline, plug-in hybrid, and electric are all on the table. But many expect it to spur U.S. manufacturers to catch up with Europe and China in electric vehicle production. Madsen said once you drive off the lot, EVs offer big savings.
"Electric vehicles are simpler, they're easier to maintain. And fuel, if you're charging at home on a residential electricity rate, is equivalent to less than a dollar a gallon of gasoline," he explained.
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Biofuels are painted as a greener energy alternative to fossil fuels but a new study found the industry produces plenty of its own air pollutants.
American biofuel plants reported emitting nearly 13 million pounds of hazardous air pollution in 2022, according to a report from the Environmental Integrity Project, trailing only slightly behind the 14.5 million pounds oil refineries released.
Tom Pelton, director of communications for the nonprofit, said South Dakota's 16 biofuel plants, which mostly make ethanol from corn, produce about 1.7 million pounds of greenhouse gases each year and 350,000 pounds of air pollution, including known carcinogens. Biofuel production is concentrated in the Midwest and Pelton pointed out people living nearby could suffer health effects.
"It's hard to detect and hard to track, but a person living downwind from one of these plants might have a few percentage points more chance of getting cancer over their lifetime," Pelton explained.
The report recommended the Environmental Protection Agency increase monitoring and control of air pollutants, improve the accuracy of emissions reporting and end current exemptions for ethanol manufacturers under the Clean Air Act. It also suggested ending government subsidies for biofuels, which benefit area farmers and communities.
According to the South Dakota Corn Utilization Council, ethanol production supported nearly 30,000 jobs in the state in 2022 and more than $4 billion in corn production.
Pelton argued expanded agricultural production for the industry can have other negative effects.
"When you subsidize growing corn to make ethanol, more kind of questionable lands are converted from grasslands and forests into row crops of corn," Pelton noted. "That takes away habitat for birds and for insects and for wildlife."
The conversions may also lead to the use of more chemical fertilizers, he added, which can lead to algae blooms and other problems in waterways. Among the 32 U.S. biofuel projects proposed or underway, according to the report, is a new biodiesel facility in Lake Preston, South Dakota.
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A new report finds New York City environmental-justice communities face worsening air quality.
It's part of the Community Heat and Air Mapping Project for Environmental Justice. Hunts Point in the Bronx has the highest particulate matter exposure, exceeding national health standards.
Victoria Sanders, climate and health program manager, New York City Environmental Justice Alliance, said congestion pricing could have helped, but Gov. Kathy Hochul indefinitely paused the program. Sanders said the program would have helped with pollution mitigation.
"I believe there was a center that was planned in the Bronx for asthma and now, when that's in jeopardy, that funding is not there anymore, and so the benefits that were supposed to come from that new source of funding are likely to be lost if we can't make sure that happens," she said.
The MTA was prepared to spend $130 million on mitigation for that borough. But an environmental assessment shows congestion pricing would have increased pollution in the outer boroughs and New Jersey. The Bronx would have seen increased soot from the more than 700 trucks entering the borough daily.
The report recommends renewable energy investments and targeted policies to improve air quality caused by pollution hot spots. It also suggests asking city and state lawmakers to introduce legislation reducing hazardous air quality.
While air pollution declined in parts of the city over time, Sanders noted environmental justice communities haven't gotten a break. However, she said there are historic challenges to addressing environmental justice communities.
"Over the years, the built infrastructure has been put in into those communities where there is a lot of highly polluting businesses. There's waste-transfer stations, there's power plants, there's dense e-commerce truck routes and things like that," she explained.
Sanders added that well-funded owners of these businesses push back on policies and politicians making changes. The report also said lacking vegetation increases heat in neighborhoods, which affects nearby residential areas. City and state officials can use targeted investments for heat-mitigation efforts.
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