Green amendment back on Dems' agenda

Some Democratic lawmakers hope their persistence in trying to push through a green amendment will pay off in the upcoming legislative session and allow voters to decide in November whether to make a clean, healthy environment a constitutional right in New Mexico.

The sponsors of the proposed amendment think a fourth attempt at passage could see success, even if the 2024 session is only 30 days, creating a narrow funnel that allows only a fraction of competing bills and measures to pass.

Some local Republicans hope the plan fails again.

In the past three sessions, a green amendment stalled for various reasons, despite Democrats having a lopsided majority in both chambers. The measure has had strong Democratic backing — though far from absolute — and zero Republicans supporting it.

Advocates say it will compel officials to enforce current laws and enable them to draw on constitutional authority when regulations don’t adequately cover specific threats to the environment or public health.

Opponents argue it could lead to government overreach that would hurt the state’s industries — including oil and gas, agriculture, timber and mining — and the communities that depend on the jobs in those sectors.

District 7 Sen. Pat Woods, R-Broadview, in Santa Fe getting ready for the start of the 2024 legislative session Tuesday, outlined problems with the amendment.

“There are states like California and others that have this on the books. This gives anyone in a state standing for any kind of environmental lawsuit they want to file,” Woods said Monday.

Woods said, for example, a cattle feeder’s stock is releasing methane gas in eastern New Mexico and someone in Gallup files suit over the gas release. The amendment gives that person the right to sue the cattle feeders in eastern New Mexico, according to Woods.

“It’s a real stretch. When I brought this to the sponsor’s attention, Sen. Antoinette Sedillo Lopez (D-Albuquerque), she’s a lawyer, said ‘It’s up to the court to determine if you have standing to bring a lawsuit,’” Woods said.

Woods noted another scenario that would directly affect agriculture.

“Let’s say you see a farmer is plowing a field and there’s dust coming up, you’re traveling on a highway say five to 10 miles from that field. You could file a lawsuit saying that farmer is causing dust pollution and harming your health. The same thing could happen if someone has an issue with the oil and gas industry,” Woods said.

But Sedillo Lopez said people need this additional leverage to prod state leaders — including lawmakers — into doing a better job at protecting the environment.

“Our Legislature is not doing right by our environment,” said Sedillo Lopez.

One example is Texas, hardly a model of green stewardship, which requires companies to show they’re using the best pollution control technology when applying for permits. New Mexico has no such laws, Sedillo Lopez said.

District 67 State Rep. Jack Chatfield, R-Mosquero believes the amendment is “a horrible idea.”

“Who gets to decide what is a clean, healthy environment? Who decides what industries we push for and which ones we step on? Who decides which communities receive preference,” Chatfield said Monday.

Chatfield endorsed solving environmental problems through free enterprise.

“We all want clean water, clean air, a good job and a safe environment for our family. I believe we ought to get there through the American system of free enterprise,” Chatfield said.

Scott Wyland of The Santa Fe New Mexican and Grant McGee of The Eastern New Mexico News contributed to this report.