A New Mexico appeals court rejected a lawsuit alleging that the nation's No. 2 oil-producing state failed to meet constitutional provisions for protecting against oil and gas industry pollution, in an opinion Tuesday. A panel of three judges on the New Mexico Court of Appeals found that it was beyond the judiciary's authority to weigh whether the pollution controls are adequate, writing that they'll defer to the Legislature to balance the benefits of environmental regulation with natural resources development. The 2023 lawsuit from a coalition of environmental groups was the first to invoke the constitution’s pollution-control clause, a 1971 amendment requiring that New Mexico prevent the contamination of air, water and other natural resources.
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