Community and conservation groups successfully defended a “proximity proposal” and other provisions of New Mexico’s ozone precursor rule from an Independent Petroleum Association of New Mexico (IPANM) challenge before the New Mexico Court of Appeals. IPANM’s legal challenge was rejected by the New Mexico Court of Appeals. The “proximity proposal” requires increased leak detection and repair (LDAR) for oil and gas wells within 1,000 feet of homes, schools, and businesses. The leak detection required will reduce the oil and gas industry’s emissions of pollutants—volatile organic compounds and nitrogen oxides that harm human health. Evidence in the record demonstrated that people who live within 1,000 feet of oil and gas wells covered by the rule are disproportionately people of color, Native American, and/or low income in New Mexico.
“I’m proud to have successfully defended on behalf of our dedicated group of client organizations a scattershot appeal of New Mexico’s ozone precursor rule from IPANM,” said Western Environmental Law Center Senior Attorney Tannis Fox. “The rule requires stringent controls on emissions of volatile organic compounds and nitrous oxides that, combined with sunlight, create ground-level ozone, a human health threat. The rule will help protect frontline communities against the harms of oil and gas operations. And it will significantly reduce emissions of methane, one of the most significant contributors to climate change.”
“Our indigenous communities face the brunt of oil and gas pollution in the four corners,” said Ahtza Chavez, executive director of Naeva. “The minimum that industrial extractors can do is protect our people who live within a thousand feet of an oil or gas well. This is basic respect and protection of our community health. We’re grateful to the courts for defending these excellent rules.”
The groups’ defense also helped ensure the rule applies to oil and gas wells in Rio Arriba and Chavez counties, another unsuccessful challenge brought by IPANM.
“When the oil and gas Industry extracts our natural resources off of our public lands for their own private profit and then opposes protecting the people in homes, schools and business within 1,000 of a well, you really have to wonder,” said Camilla Feibelman, director of the Sierra Club Rio Grande Chapter. “Our state ozone rules protect the air and the health of our communities and we’re grateful that the court stood with our people.”
“Communities in New Mexico that are made up primarily of Indigenous, low-income, and people of color disproportionately experience the effects of oil and gas well leaks,” said Michael Leon Guerrero, sustainable economy policy advisor for the Center for Civic Policy. “For too long, our communities have gone without basic protections. That’s why this win is so critical to us. The industry must, at the very least, be expected to detect leaks within 1000 feet of places where New Mexicans reside. We are grateful that the courts have stood with New Mexicans on this ruling.”
“Air pollution remains one of the most serious threats to places like Carlsbad Caverns National Park, which ranks 5th in the nation for unhealthy air according to our report. Pollution clouds stunning vistas, makes air dangerous for park visitors and rangers to breathe, and poses serious threats to nature and wildlife,” said Maude Dinan, New Mexico program manager for National Parks Conservation Association. “That’s why we are thrilled that New Mexico’s ozone precursor rule has been upheld. By protecting our parks from harmful oil and gas pollution, we ensure clear skies and healthy air for our national parks and communities.”
Conservation Voters New Mexico, Diné C.A.R.E., Earthworks, National Parks Conservation Association, National Resources Defense Council, San Juan Citizens Alliance, 350 New Mexico, and 350 Santa Fe were represented in the matter by attorneys from Western Environmental Law Center. The Center for Civic Policy and Naeva were represented by the University of New Mexico Natural Resources and Environmental Law Clinic.
Contacts:
Tannis Fox, Western Environmental Law Center, 505-629-0732, gro.w1734108047alnre1734108047tsew@1734108047xof1734108047
Camilla Feibelman, Sierra Club Rio Grande Chapter, 505-715-8388, gro.b1734108047ulcar1734108047reis@1734108047namle1734108047bief.1734108047allim1734108047ac1734108047
Caitlyn Burford, National Parks Conservation Association, 541-371-6452, gro.a1734108047cpn@d1734108047rofru1734108047bc1734108047
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