New Mexico Lawmakers Revive Push for ‘Green Amendment’ to Guarantee Environmental Rights
Santa Fe, NM – january 17, 2024 – For the sixth consecutive legislative session, New Mexico lawmakers have introduced a resolution seeking a constitutional amendment that would enshrine the right to a healthy environment for all residents. House Joint Resolution 3 (HJR 3), pre-filed on Thursday, proposes a “Green amendment” to the state’s constitution, granting citizens the legal standing to sue the government to enforce existing environmental laws and proactively protect natural resources.
The proposed amendment, championed by Rep. Joanne Ferrary (D-Doña Ana County), aims to elevate environmental protection to a fundamental right, impacting every governmental action within the state. “With this amendment, we will ensure that every community in our state has the same right to a healthy environment,” Ferrary stated. “No longer will environmental racism or inequity be allowed.” https://www.nmlegis.gov/
This renewed effort comes as environmental advocates increasingly look to constitutional amendments as a powerful tool to safeguard natural resources, particularly in the face of potential federal rollbacks of environmental protections. Currently, only Pennsylvania, Montana, and New York have similar constitutional provisions guaranteeing environmental rights. https://www.greenamendmentforpa.org/
A History of attempts and Obstacles
The push for a Green Amendment in New Mexico dates back to 2021, with previous iterations of the legislation failing to gain sufficient bipartisan support.Opposition from the oil and gas industry, a notable economic force in the state, has also played a role in stalling progress. https://www.currentaffairs.org/2023/02/new-mexicos-green-amendment-could-be-a-model-for-the-nation
Last year’s proposal encountered a roadblock in committee following a fiscal impact report that raised concerns about potential conflicts with existing environmental regulations. Sponsors, however, disputed the report’s findings, arguing thay were inaccurate. Sen. Antoinette Sedillo Lopez emphasized the growing importance of constitutional protection, particularly as a buffer against potential shifts in federal environmental policy.
“We’ve seen what can happen when federal protections are weakened or eliminated,” Sedillo Lopez explained. “A constitutional amendment provides a lasting safeguard for our state’s unique environment and the health of our communities.”
The Core of the Proposed Amendment
The text of HJR 3 outlines a comprehensive vision for environmental rights in new Mexico. The proposed amendment, as detailed in Section 1, asserts the following rights for all residents, including future generations:
* Clean and Healthy Environment: The right to clean air, water, soil, and overall healthy environments.
* **Biod
