State meets behind closed doors to discuss oil and gas lawsuit

An oil and gas industry pollution lawsuit filed against the state of New Mexico and its leaders that seeks to transform the industry‘s regulation is still up in the air.

While waiting for a court hearing to be scheduled, state officials are gathering in closed meetings to discuss the litigation.

Environmental, Indigenous and frontline communities filed the lawsuit in May 2023 in 1st Judicial District Court in Santa Fe, alleging the state and its officials are violating the state constitution by allowing for pollution from oil and gas production.

The plaintiffs are asking the court to find that the state isn‘t complying with constitutional duties and to require statutory, regulatory and enforcement policies to protect the state‘s environment.

Earlier this month, a Santa Fe judge denied the state’s request to dismiss the lawsuit.

On Monday, the Legislative Council, which is a bipartisan committee of state senators and representatives, held an executive session on the litigation. It took less than 10 minutes for Tom Hnasko, the attorney representing the Legislature, to brief lawmakers on the status of the lawsuit while members of the public waited outside the room.

The state Oil Conservation Commission is also scheduled to hold a closed special session meeting to discuss the lawsuit on July 11.

Additionally on Monday, a different group of environmental advocates petitioned the Oil Conservation Commission to update oil and gas well plugging and abandonment requirements.

“We must stop this practice of public exploitation by the oil and gas industry and address the generational problem of abandoned oil and gas wells and ongoing pollution to New Mexico‘s air, land, water and communities,” said attorney Ally Beasley with the Environmental Law Center.