Atencio v. State of New Mexico
Community members, indigenous people, youth, and environmental groups who allege harm from oil and gas pollution the state has failed to control sued under the state constitution’s “pollution control,” due process, and equal protection clauses. A lower court denied the state defendants’ motions to dismiss the complaint, but the appellate court reversed, finding that the state clause requiring the legislature to control pollution does not create an individual right the judiciary can enforce or protect. The New Mexico Supreme Court has agreed to hear plaintiffs’ appeal.
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