Backers of proposed NM 'green amendment' to try again in upcoming 60-day session

SANTA FE — For the fifth year in a row, a group of progressive Democratic lawmakers are proposing a so-called “Green Amendment” that would enshrine the right to a clean environment in the state’s Constitution.

The idea has struggled to gain traction in recent years at the Roundhouse, due largely to concerns about a possible barrage of legal claims and negative impacts to an oil industry that generates about 35% of the state’s revenue base.

But proponents said Tuesday they’re hopeful the proposal might find a better reception during the upcoming 60-day legislative session, in part due to the fact there will be 28 new lawmakers taking office this month.

“We have some changes to the Legislature, and I think that could make a big difference,” said Sen. Antoinette Sedillo Lopez, D-Albuquerque, who is one of the measure’s sponsors.

She also said there could be an added sense of urgency with President-elect Donald Trump having vowed to roll back some environmental protections enacted by President Joe Biden.

“His philosophy of drill, baby, drill is a philosophy of make money, baby, make money, and heck to the environment,” Sedillo Lopez said during a virtual news conference on Tuesday.

Currently, three states — Montana, New York and Pennsylvania — have adopted the right to a healthy environment in their state constitutions, according to the National Caucus of Environmental Legislators. Other states have also considered adopting similar protections.

However, most of the previous green amendment proposals in New Mexico have stalled at the Roundhouse without even a committee hearing.

Only one proposal, in 2021, advanced out of its first assigned legislative committee.

This year’s version of the legislation is expected to be largely similar to previous versions, though some wording changes could be made.

Specifically, the plan would enshrine the right to “clean and healthy air, water, soil and environments” in the state Constitution, along with native flora, fauna and a safe climate.

It would also designate the state and local governments as trustees of New Mexico’s natural resources, and hold them accountable for conservation efforts.

Senate Minority Leader William Sharer, R-Farmington, said Tuesday the proposed green amendment seeks to put New Mexico’s oil industry out of business.

“They have to decide, do they want schools or do they want the green amendment?” Sharer told the Journal, referring to proponents.

He also said recent technological improvements in the oil industry have reduced pollution levels.

New Mexico oil production has surged to record-high levels in recent years, even as Gov. Michelle Lujan Grisham’s administration has adopted stricter methane emission rules and other environmental safeguards.

The state produced roughly 1.8 million barrels of oil per day in 2023 due largely to technological advances in fracking and horizontal drilling, and has surpassed North Dakota to become the nation’s second-highest oil producer, behind only Texas.

If approved by lawmakers during the 60-day session that starts Jan. 21, the proposal would go before New Mexico voters at the next statewide general election in November 2026.