Last week, Samantha Ruscavage-Barz, an attorney with WildEarth Guardians, asked the New Mexico Environmental Improvement Board (EIB) to establish regulations to reduce greenhouse gas emissions in the state. That board, whose members are appointed by the governor, is responsible for rules related to public health issues like air quality, food safety and hazardous waste.
By a four-to-one vote, the EIB denied the petition Ruscavage-Barz brought on behalf of 28 New Mexico children and teens.
But sheโs hopeful that thereโs room for a conversation with the New Mexico Environment Department, the agency that was moving forward with strategies to reduce greenhouse gas emissions and address the impacts of climate change just six years ago.
Ruscavage-Barz said the board encouraged the group to work with the state agency and other stakeholders and come up with an enforceable plan. โIn a way, that puts NMED on the spot,โ she said. โWeโre in a good position to now go to NMED and say, โif youโre serious about getting a greenhouse gas regulation program in place, weโd like to work with you on that.โโ
The agency opposed the petition and wrote it was โstructurally flawedโ and contained only broad directives that, if implemented, would exceed the departmentโs authority.
Moreover, the agency said the petition ignored actions NMED and other state agencies are already taking and plan to take to address greenhouse gas emissions.
NM Political Report repeatedly reached out to NMED to learn more about these initiatives and programs at that agency and other state agencies. We look forward to updating this story if we receive responsive information within 24 hours of publication.
The agency opposed the petition, and within its response before the EIB, noted that the agency has tracked greenhouse gas estimates since 2000. The state’s attorneys also mentioned the federally-mandated retirement of two units at a coal-fired power plant owned by PNM, the stateโs compliance with the federal Clean Power Plan and other federal regulations aimed at reducing emissions, such as the U.S. Bureau of Land Managementโs rule to cut methane leaks from oil and gas development.
Thereโs no evidence, however, that NMED or other state agencies are actively addressing greenhouse gas emissions or climate change beyond the the federal initiatives cited in the responseโand the future of those is in question under the current presidential administration.
The Clean Power Plan, for example, is currently stayed by the U.S. Supreme Court and earlier this year, the head of the U.S. Environmental Protection Agency told states they can ignore it. As for the BLMโs methane rule, in June, U.S. Department of the Interior Secretary Ryan Zinke, whose department oversees BLM, suspended that rule.
Problem won’t ‘go away’
During the administration of Gov. Bill Richardson, the EIB had enacted rules to cut carbon emissions in the state. But when Gov. Susana Martinez took office in January 2011, she immediately acted to overturn the rules and also replaced the boardโs membership.
On January 5, Martinez told each of the members they would no longer be on the board in a four-sentence email. In a press release, she explained her actions, saying that โthe majority of EIB members have made it clear that they are more interested in advancing political ideology than implementing commonsense policies that balance economic growth with responsible stewardship in New Mexico.โ

That year, Ruscavage-Barz represented then-16-year old Akilah Sanders-Reed in a lawsuit against Martinez and the state of New Mexicoโtrying to compel the state to control and reduce carbon emissions. The suit alleged that the governor and the state had violated their duties under the Public Trust Doctrine in the state constitution to manage the atmosphere as a trust asset, similar to water and wildlife, and protect it from the impacts of greenhouse gas emissions
Under the Public Trust Doctrine, natural resources are the common property of all citizens of a state, and must be preserved and protected by state governments.
But judges didnโt agree with Ruscavage-Barzโs argument, and they eventually lost the case. In 2015, the New Mexico Court of Appeals agreed that the stateโs constitution recognizes a public trust duty for the protection of natural resources, including the atmosphere. But it also ruled that protection should come through the process already established by the stateโs Air Quality Control Act and not through legal challenges.
In other words, the courts canโt intervene in the stateโs business, as thereโs already a procedure to implement regulations. The judges also wrote that people can participate in the EIB process and the legislative process during the sessionโโand voters have the opportunity to exercise their desire for political change regarding complex environmental issues at the ballot box during each election cycle.โ
That lawsuit, and the current petition, are part of a strategy launched by the nonprofit group Our Childrenโs Trust. The organization has campaigns in states across the country to compel agencies to align carbon emissions reductions with what scientists say is necessary to avoid catastrophic and irreversible warming.
Fighting back against the lawsuit, the state disavowed the need to address greenhouse gas emissions, adding that in the grand scheme of things, New Mexico isnโt a huge contributor compared to emissions across the entire planet.
โIn our lawsuit, we said, โYou canโt just wash your hands of it. You canโt just say because itโs a big problem that New Mexico alone canโt solve, that youโre not going to do anything,โโ Ruscavage-Barz said. โThatโs not how you solve a problem.โ
Thatโs when they decided to propose a new rule.
With Our Childrenโs Trust, they started putting together a petition. โEven though with this administration, we didnโt feel like there was much support, we didnโt feel like we could afford to wait,โ she said. โRulemaking is a long process, so weโre going to start engaging the state and find a path forward to reducing New Mexicoโs greenhouse gas emissions.โ
In addition to NMED, the New Mexico Association of Commerce and Industry and Tri-State Generation and Transmission Association also opposed the petition.
โNew Mexico needs to act, they canโt just sit back and say itโs somebody elseโs problem, or keep up with this excuse that itโs more appropriate for federal action,โ Ruscavage-Barz said. โWeโre not under any illusion that New Mexico can solve the entire problem itself, but it can step up for its greenhouse gases and its share of the problem.โ
She worries about the burden todayโs inaction puts on young people. โThe impacts of this are going to be felt by this next generation, theyโre going to live with the stateโs failure to act now,โ she said. โItโs a political issue and it shouldnโt be.โ
Scientists know that climate change is occurring due to human activity, and the impacts are becoming increasingly clear all the time.
โIf you look at the climate science, itโs definitive this is a problem and itโs only going to get worse without action by the states and the federal government to reduce greenhouse gas emissions,โ she said. โItโs always discussed as a political issue because thereโs an economic aspect to it. But the science is clear and the problem is not going to go away.โ
