For the sixth time in six legislative sessions, state legislators pre-filed a resolution Thursday to amend the New Mexico Constitution to allow residents to sue to force the government to enforce environmental laws.
The proposed New Mexico Green Amendment, known as House Joint Resolution 3, would grant the public the power to enforce these rights when the government fails to protect them. Leading sponsor Rep. Joanne Ferrary said the measure goes beyond existing regulations by making environmental protection a priority in every government action.
“With this amendment, we will ensure that every community in our state has the same right to a healthy environment,” Ferrary said. “No longer will environmental racism or inequity be allowed.”
The filing marks a persistent effort by environmental advocates. As we reported during the last legislative session, legislators and advocates have attempted to pass similar legislation since 2021. Previous versions struggled to gain momentum due to a lack of bipartisan support and opposition from the oil and gas industry.
Last year’s proposal stalled in committee following a fiscal impact report that suggested the amendment could create conflicts with existing environmental laws—a finding sponsors disputed as inaccurate. Sen. Antoinette Sedillo Lopez said constitutional protection is increasingly vital to safeguard the state’s resources against potential federal policy shifts.
If passed by the Legislature, the amendment must be approved by a majority of New Mexico voters. Currently, only Pennsylvania, Montana and New York have similar constitutional protections.
Here’s the text of the bill:
SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding a new:
A. The people of the state shall have a right to clean and healthy air, water, soil and environments; healthy flora, fauna and habitats; a stable climate and thriving ecosystems; and the preservation of the natural, cultural and healthful qualities of the environment. The state, counties and municipalities shall protect these rights equitably for all people, including future generations, and regardless of race, ethnicity, tribal affiliation, gender, socioeconomics or geography. Securing a more stable climate, including for future generations, is a compelling state interest and shall be a high priority.
B. The state, counties and municipalities shall serve as trustees of the natural resources of New Mexico and shall conserve, protect and maintain these resources for the benefit of all the people, including present and future generations, who are the beneficiaries.
C. The provisions of this section are self-executing. Monetary damages shall not be awarded for a violation of this section. This section is enforceable against the state, counties and municipalities.”