Dems’ latest assault on oil and gas: adding ‘environmental rights’ to NM Constitution
Far-left members of the New Mexico House of Representatives and Senate have proposed a bill, S.J.R. 3, that would change Article Two of the state’s constitution to add “environmental rights.” The bill sponsors include Sen. Antoinette Sedillo Lopez (D-Bernalillo), Sen. William Soules (D-Doña Ana), Rep. Joanne Ferrary (D-Doña Ana), and Sen. Harold Pope, Jr. (D-Bernalillo).
The measure, which would require would effectively make it illegal for any kind of energy production, proposes “The people of the state, including future generations, have the right to a clean and healthy environment, including pure water, clean air, healthy ecosystems and a stable climate, and to the preservation of the natural, cultural, scenic and healthful qualities of the environment.”
“The state, including each branch, agency and political subdivision, shall serve as trustee of the natural resources of the state, among them its waters, air, flora, fauna, climate and public lands. The state shall conserve, protect and maintain these resources for the benefit of all the people, including generations yet to come.”
“The rights stated in this section are inherent, inalienable and indefeasible, are among those rights reserved to all the people and are on par with other protected inalienable rights. The provisions of this section are self-executing.”
It is unclear how much the far-out proposal will cost to the state, but the fiscal impact report on the bill notes, “Agencies suggested the repeal of Section 21 of Article 20 removing Legislative powers associated with the regulation of pollution in New Mexico, may call into question environmental statutes previously passed by the Legislature. Additionally, the amendment to Article 2 creates a trustee obligation in each branch, agency, and political subdivisions of the state that could cause confusion regarding how such trusteeships fit with the state’s existing environmental laws and regulations.”
As well as causing confusion regarding the implementation of the proposal, its vagueness will likely make it “unconstitutional” in New Mexico to produce any energy that could potentially emit any kind of “pollutant,” which may be whatever state agencies deem fit.
This would mean agencies such as the state Land Office, run by rabidly anti-energy Secretary Stephanie Garcia Richard, would have 100% dominion over state land and water rights. Also, the conflicting science put forth by many left-wing conspiracy theorists regarding “climate change” could dictate what the constitutional amendment’s definition of “a stable climate” is.
The constitutional amendment, if implemented, could be the final nail in the coffin for the oil and gas industry in New Mexico, which produces one-third of all revenue to the general fund each year. Public schools and state agencies rely on the industry for survival.
The bill has been referred to the Senate Rules Committee and the Senate Judiciary Committee.