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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Indiana residents now have a new way to track pollution from coal plants across the state.

The Sierra Club's new online national dashboard shows how rollbacks of federal pollution rules could increase harmful emissions from Indiana's dozen coal plants.

Robyn Skuya-Boss, director of the Hoosier Chapter of the Sierra Club, said the data highlights risks for both rural and urban communities.

"Whether you're living in a larger city or in a small community, you could be being impacted," Skuya-Boss pointed out. "Some of the worst air quality in the nation is located in southern Indiana because there's such a high concentration of super-polluting coal plants."

The dashboard allows users to zoom in on specific plants and track pollutants like mercury, sulfur dioxide and nitrous oxide. Utilities and state officials said they follow current environmental laws and balancing energy needs and emissions limits can be complex.

Skuya-Boss stressed Indiana families deserve to know when air pollution may threaten their health.

"I think when people are tuned into those bad air quality days, what you start to see is that you can kind of get a sense of how impacted your community is by air pollution issues," Skuya-Boss observed.

Environmental groups said the dashboard also gives Hoosiers a tool to demand stronger action from state regulators and lawmakers.

Air pollution in Washington is getting worse, according to a new report citing transportation emissions as the primary culprit.

Eight of the 12 Washington counties surveyed received an "F" grade for particle pollution, including King and Pierce counties. Yakima and Seattle ranked the eighth- and ninth-worst cities in the country.

Transportation emissions account for nearly a quarter of total air pollution and about 40% of Washington's greenhouse gas emissions.

Laura Kate Bender, assistant vice president of nationwide healthy air for the American Lung Association, said more Americans live in polluted areas now than any time within the last 10 years.

"After decades of progress to clean up the air from policies under the Clean Air Act, we're now starting to see an uptick in pollution levels once again," Bender pointed out. "It shows that we really need to double down on protections that are limiting emissions from vehicles, not roll them back."

Congressional Republicans just voted to rescind the federal waivers that allow California to set emissions standards for vehicles that are stricter than national ones, arguing the rules hurt consumers and the trucking industry.

The report marked the seventh straight year of an increasing health threat from particle pollution nationwide. Particulate matter is a mixture of tiny solids or liquid droplets suspended in air. Small particles can lodge deep in the lungs and cause health problems, including cancer and asthma attacks. Bender added smoke from wildfires, driven by climate change, adds to the problem.

"Those conditions are being made worse by changing temperatures," Bender noted. "Climate change means more extreme heat, and more extreme heat can lead to more ozone pollution, and those are both results that show up in this year's report."

Congressional Republicans are considering revoking the federal tax credit of up to $7,500 for new electric vehicle purchases. The House infrastructure committee is also debating new registration fees which would charge people who drive electric cars more than those who drive gas-powered vehicles.


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California has some of the dirtiest air in the nation, according to the American Lung Association's new State of the Air report.

Researchers looked at ozone pollution and both short and long-term particle pollution. Thirteen counties got an "F" grade in all three categories. Pollution in the counties mainly came from vehicle emissions and smoke from wildfires.

Laura Kate Bender, assistant vice president of nationwide healthy air for the American Lung Association, said climate change is contributing to the counties' poor air quality.

"Those conditions are being made worse by changing temperatures," Bender pointed out. "Climate change means more extreme heat, and more extreme heat can lead to more ozone pollution, and those are both results that show up in this year's report."

Five of the seven counties with the most yearly air pollution in the nation are in California. The three most polluting counties are in the Central Valley, with Los Angeles County and the Bay Area not far behind. Republicans in the U.S. House of Representatives just voted to rescind the federal waivers allowing California to set strict emissions standards for vehicles, arguing the rules hurt consumers and the trucking industry.

The report also found 46% of Americans live in places getting failing grades for unhealthy levels of ozone or particle pollution. Bender stressed more Americans live in polluted areas now than any time within the last 10 years.

"After decades of progress to clean up the air from policies under the Clean Air Act, we're now starting to see an uptick in pollution levels once again, and it shows that we really need to double down on protections that are limiting emissions from vehicles, not roll them back."

The House infrastructure committee is also considering highway funding fees to charge people who drive an electric car more than those who own a gas-powered vehicle.


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