OPINION: NM Supreme court has to choose to protect people or polluters

On July 8, the New Mexico Supreme Court heard a case that affects every single person in our state. The question is simple: Will New Mexico’s laws protect public health and clean water — or will they allow big polluters to cut corners?

This case started in Tesuque, where Protect Tesuque is fighting to stop a luxury resort — Bishop’s Lodge — from dumping 30,000 gallons of partially treated sewage into the ground every day. Their leach field is just 100 feet from Little Tesuque Creek, a water source that recharges wells hundreds of families use for drinking water.

But this case is not just about one resort. It’s about how New Mexico protects its people from dangerous wastewater pollution — especially in rural and tribal communities where people rely on private wells.

New Mexico already has strong laws to protect us from this kind of risk. In 1971, our state lawmakers passed the Environmental Improvement Act to stop contamination before it happens. This law created the liquid waste regulations, which say that any property creating sewage waste must follow strict rules — like keeping waste on the same land it comes from, not dumping into flood zones, and using leach fields that are big enough and far from shallow groundwater.

These rules apply to everyone else: regular homeowners, small businesses, even farmers. They were written to keep our water safe from the start — not to clean it up after it’s already been polluted.

But now, the New Mexico Environment Department is trying to claim that Bishop’s Lodge doesn’t have to follow those rules. Instead, NMED is using an older, weaker law that actually allows pollution to happen — as long as it doesn’t go over certain chemical limits in the groundwater.

That doesn’t make any sense. The liquid waste regulations were created after the older rules, specifically to better protect our health. And nowhere in the law does it say that big businesses should be exempt.

The idea that the biggest waste producers — like Bishop’s Lodge — don’t have to follow the same rules as the rest of us goes against everything we stand for. It creates a double standard where regular New Mexicans are held to one set of rules, while out-of-state developers get a free pass.

That’s not right.

Now, the Supreme Court has stepped in. They’ve already taken an important step: issuing a stay to stop NMED’s permit process while the case is being heard. That’s not something the Court does lightly. It shows the Justices believe this is a serious issue that deserves their full attention.

Soon, they will decide: Will New Mexico keep its promise to protect clean water and public health? Will the law be applied fairly to everyone, or will those with power and money be given a pass?

Protect Tesuque believes in a simple idea: Everyone deserves clean water. No one should be allowed to pollute the groundwater we drink, cook with, and pass on to our children. That’s what this case is about.

We’re not fighting against growth — we’re fighting for responsibility. And we hope the Court will choose to stand with the people of New Mexico.