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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Groups that fight for environmental justice are praising the Biden administration's decision to grant California a waiver so it can implement clean-car rules that exceed federal standards.

California's rules would ban the sale of new gas-powered cars after 2035 and require trucks to further clean up their exhaust.

Andrea Marpillero-Colomina, data analytics advisor for the nonprofit GreenLatinos, said the new standards will help clean up the air in low-income areas overburdened by truck traffic.

"Latino communities are more likely to be located near highways, near shipping centers, near freight distribution centers, and therefore they're more susceptible to air pollution from vehicles," she said.

This fight has been going on for many years. President-elect Donald Trump rescinded California's clean-car waivers during his first term. A judge reinstated them. Then the state sought a waiver for a stronger set of rules - which Biden has now granted. And now Trump has vowed to revoke them again.

Auto industry groups predict EV sales won't keep up with the new rules, which call for 35% of all new cars to be electric by next year.

Marpillero-Colomina added that California's waiver could trigger protections in many other states.

"The granting of the California waivers not only affects Californians - it affects Latino communities in the 11 other states that have enacted or are planning to enact equivalent state policies, and so that represents millions and millions of those people," she continued.

She noted that low-income Latino communities, especially those near the ports of Long Beach and Los Angeles, have higher rates of asthma linked to air pollution.

Environmental groups are calling for the immediate closure of Los Angeles County's Walnut Creek Energy Park, because of potentially dangerous levels of emissions.

A new report finds the gas-fired power plant has repeatedly shown levels of nitrogen oxide that are close to, or above, national air-quality standards.

The report, commissioned by the Sierra Club and the California Environmental Justice Alliance, lists Walnut Creek as the highest-risk facility in the state - among eight other gas-fired power plants.

Jordan Salcido, a community organizer with the LA County Youth Climate Commission, lives within a mile of the plant.

She said many of her neighbors might not realize how close they are to these pollutants.

"There definitely is a cluster of industry," said Salcido, "but it's right in the heart and in the center of people's lives and where they live and work and play and raise their families."

The Environmental Protection Agency says exposure to nitrogen oxide may contribute to the development of asthma, increased risk of respiratory infections and can lead to hospital visits.

The community around the plant, which is 80% Hispanic, already faces some of California's highest pollution levels.

The report says a nearby railroad, warehouses, and the 60 Freeway likely add to the nitrogen oxide emissions in the area.

Salcido said she has heard plenty of stories of neighbors getting sick, even before the plant opened.

"They've seen generations of family members have chronic illnesses and asthma and cancer," said Salcido. "And so, they know firsthand what that's like."

The report says part of the problem is that public access to information and emissions data from California gas plants is limited.

Salcido said community members have a lot of questions about potential harm from the pollution, and that information is hard to come by. She said regulators are failing to do their jobs.

"We shouldn't have to dig through websites and dig through documents to find information that's relevant to us," said Salcido. "It should be something that is accessible, is easy to understand, is readily available in multiple languages."



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A new air monitoring project aims to study the health effects of air pollution in west Louisville's Rubbertown neighborhood.

More than two decades ago, residents' advocacy spurred the creation of the Strategic Toxic Air Reduction program, which allows local areas to adopt air regulations beyond what the Environmental Protection Agency requires.

Byron Gary, program attorney for the Kentucky Resources Council, said the program was one of the most protective in the nation when it launched in the early 2000s, slashing local air pollution by 80%.

"The STAR program did effectively reduce the emissions from those facilities in West Louisville a great deal," Gary recounted. "It has done a pretty good job at making sure that any additional industry or changes to industry in that area does not backslide and cause cancer risks to go back up."

The three-year project will use multiple air-monitoring sites and a novel wastewater-sampling study to collect data. The West Jefferson County Community Task Force and other local groups are involved in the study and will host regular community meetings to discuss concerns and get residents' feedback.

Matt Mudd, communications coordinator for the Louisville Metro Air Pollution Control District, said findings from the Rubbertown Air Toxics and Health Assessment will be used to better understand how residents' exposure to toxic air pollution has changed over time.

"We haven't had a project of this scale to compare to that past West Louisville air toxic study until now," Mudd explained. "We're looking forward to having that data in hand, understand the progress that we've made, and then look at what's next."

Gary added the new study is needed to better pinpoint what hazards remain in an area long dominated by chemical and manufacturing industries.

"There's still progress to be made," Gary asserted. "There are still disparities between West Louisville, where predominantly Black residents live, compared to the rest of Louisville."

A study published earlier this year by Stanford Medicine researchers found Black Americans are significantly more likely to die from health problems linked to air pollution, specifically exposure to fine particulate matter or PM 2.5 pollution, compared with other racial and ethnic groups.