Apr. 12—State officials asked a court in Santa Fe Friday to dismiss a lawsuit that contends they have violated a 1971 provision in the state constitution calling for the Legislature to control pollution and protect New Mexico’s “beautiful and healthful environment.”

Attorneys for the Legislature and Governor’s Office contend if the court intervenes, as the lawsuit in state District Court requests, it would undercut the Legislature’s authority to determine environmental laws and, thus, violate the “separation of powers.”

The plaintiffs’ attorney argued the court’s role is to interpret the constitution and decide whether state lawmakers and regulators have enacted adequate measures to comply with the pollution control clause.

The judge who heard the arguments said he would issue a written opinion at a later date.

A coalition of Indigenous people, youth, frontline community members and environmental groups filed the lawsuit in May 2023. Although this constitutional amendment has been around for a half-century, this is the first lawsuit based on this provision.

This is a developing story and will be updated.