New Mexico Appeals Court Rejects Lawsuit Against Oil and Gas Regulators Over Industry Pollution

A New Mexico appeals court rejected a lawsuit alleging that the nation’s No. 2 oil-producing state failed to meet constitutional provisions for protecting against oil and gas industry pollution, in an opinion Tuesday. Environmental advocates vowed to appeal the matter to the state’s top court.

A panel of three judges on the New Mexico Court of Appeals found that it was beyond the judiciary’s authority to weigh whether the pollution controls are adequate, writing that the state Constitution directs the Legislature to balance the benefits of environmental regulation with natural resources development.

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