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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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.
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Recent data ranks Columbus as the most polluted major city in the U.S., highlighting concerns about common pollutants, like smog and vehicle emissions.
New research links these pollutants to the risks for dementia.
Dr. Alan Cronemberger Andrade, in the postgraduate program in neurology and neuroscience at the Federal University of São Paulo, said the study of more than 2,500 adults showed a need for more local research on air pollution's effect on cognitive health.
"We see that there is really evidence linking air pollution to cognitive decline and dementia risk," Cronemberger Andrade observed.
He pointed out stroke and cardiovascular diseases, such as ischemic heart disease and atrial fibrillation are other key links between air pollution and dementia, and vascular issues also contribute to the connection.
In Ohio, the most recent figures, from 2019, indicate about 591,000 people over age 45 have some form of dementia.
Dr. Fabricio Ferreira de Oliviera, executive medical director of Elysian Clinica Medica and Neurologia at the Federal University of São Paulo, said one component of the study looked at people's proximity to high-pollution sources.
"If they live near a highway or near a very polluted area, they can have more cognitive impairment than those who live farther from those regions," Ferreira emphasized.
He suggested conducting ongoing studies to determine if reducing air pollution could lower the risk of dementia and cognitive decline, and better overall health outcomes.
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Oil and gas companies have until 2025 to reduce the emissions they release into the air through the practices known as venting and flaring.
You may have seen a large plume of fire coming from smokestacks at oil-producing sites but you may not have considered how it is affecting your life. Oil and gas producers use venting and flaring to burn off excess gas. The process releases methane into the air, and environmental groups pointed out it is not only wasteful, but dangerous.
Becca Edwards, climate action fellow for the advocacy group Texas Impact and the United Methodist General Board of Church and Society, said the practice has two major negative effects.
"Releasing methane creates air pollution that harms people who are vulnerable," Edwards noted. "The second impact that methane emissions has is climate change. Methane is a potent greenhouse gas in the atmosphere. It traps heat, contributing to climate change."
Texas is the largest producer of gas in the nation, and a new study showed the emissions are being underreported. Researchers used remote sensing for the study and estimated methane released into the atmosphere contributes to about $7.4 billion in health damages annually.
The Environmental Protection Agency issued a ruling last year aimed at sharply reducing emissions of methane and other air pollutants from oil and gas operations. For the first time, the regulations include existing well sites instead of only new ones. Edwards emphasized Texas Impact supports the new standards.
"We represent people of faith in Texas, and as people of faith, we feel that advocating for a healthy and safe environment is a moral obligation," Edwards stressed. "Those regulations are expected to reduce methane emissions significantly."
Oil and gas companies have two years to comply but it appears they are gearing up for a fight. The Railroad Commission of Texas, which regulates oil and gas production, opposes the restrictions and has petitioned the Attorney General to challenge the EPA's new rule in court.
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