The right of New Mexicans to a clean environment could become state law through a resolution that was passed from its first committee during last week’s 2022 Legislative Session.
House Joint Resolution 2Rep. Joanne Ferrary (D 37) of Las Cruces sponsored this amendment. This was also known as “the green amendment” and would allow language to be placed on the next general elections to amend the state constitution to clarify environmental rights.
It was originally blocked by the House Energy, Environment and Natural Resources Committee, when lawmakers were locked on a 5-5 vote. But, it was reworked and passed Saturday by that same committee on a vote 6-4.
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The House Judiciary Committee will then review the resolution before it is presented to the full New Mexico House of Representatives for consideration before being referred to the State Senate.
Similar legislation was also introduced in Senate Senate Joint Resolution 2, and was awaiting a hearing before the Senate Rules Committee.
HJR 2 was rebuffed by Republicans in the committee as well as fossil fuel supporters. However it was supported by environmentalists, progressive lawmakers and others to ensure New Mexico took action on climate change and pollution.
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Ferrary stated that I am grateful to the house committee for moving this bill forward, and that it will be of great benefit to the environment and people of our Land of Enchantment.
Sen. Antoinette Sedillo Lopez (D-16), a sponsor for the Senate bill, stated that New Mexico’s voters should be allowed the decision to vote on whether protections for water quality and air quality are up for grabs.
She stated that New Mexicans have the right to vote on the importance and sustainability of clean air, water, and the environment in this beautiful, but fragile state.
Eric Jantz, an attorney from the New Mexico Environmental Law Center, testified during the hearing. He stated that there was widespread support in the state to have environmental rights defined in state law.
He stated that HJR 2 would allow residents to defend their rights in court.
Jantz stated that all New Mexicans want clean air, water, and land for their families. The Green Amendment will allow the people to have a strong voice about how their environment is managed.
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Similar legislation was passed in Montana, New York, and Pennsylvania. Luis Guerrero of the Sierra Club Rio Grande Chapter stated that New Mexico should be the fourth nation to adopt a green amend arguing that environmental rights are civil rights.
He stated that clean air and water, as well as safe communities, are a human right. Now they are closer to becoming a civil rights.
Ferrary stated that the amended resolution changed its language to avoid redundancies. Ferrary added that it removed phrases indicating cultural protections and protections for fauna and floral which lawmakers claimed were covered by establishing a healthy environment.
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Sedillo said that the purpose of including language about cultural protections was so that the bill would be applicable to Chaco Canyon, a sacred area for the Navajo Nation, in northwest New Mexico, which is surrounded by natural gas mining and development.
As (Chair) Rep. Matthew McQueen stated, the idea was to protect places such as Chaco while protecting the environment would still protect places such as Chaco. Sedillo Lopez stated that this is what Sedillo Lopez meant. It was unnecessary, as the chair said. We are convinced that it (the resolution), is cleaner.
A poll of the audience during Saturday’s hearing revealed that 158 people, or 86 percent, were in support of the resolution while 26 people, or 14 percent, were against.
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Aimee Barrabe, a lobbyist for the New Mexico Oil and Gas Association (NMOGA), was one of the opponents. She argued that HJR 2 would shift power over environmental policy from state legislators into New Mexico’s courts system, making the state more vulnerable to future litigation.
I am only here to say that the sub does NOT address the issues NMOGA had initially with this bill. This is turning over the legislature’s authority to the courts first, she stated. We remain firm in opposition to this bill.
Katelin Spradley is a lobbyist for the New Mexico Farm and Livestock Bureau. She argued that the bill language could be open to interpretation and cause discrepancies in the way landowners and managers feel they must follow it if it is passed.
We feel the language used in the substitute committee is too broad and vague. The terms clean and healthy, which are ambiguous, leave much room for confusion among entities that will be held accountable for upholding these rights.
Spradley stated that New Mexico already had adequate protections for the environment. The proposed constitutional amendment could weaken these protections.
We believe New Mexico already uses processes to protect our environment for our citizens’ benefit. She said that the addition of this constitutional change will override existing protections and authorities.
Adrian Hedden can be reached at 575-618-7631, [email protected] or @AdrianHedden on Twitter.