SANTA FE, N.M. (AP) 鈥� The New Mexico Court of Appeals has upheld regulations aimed at cracking down on emissions in one of the nation鈥檚 top-producing oil and gas states.
The case centered on a rule adopted in 2022 by state regulators that called for curbing the pollutants that chemically react in the presence of sunlight to create ground-level ozone, commonly known as smog. High ozone levels can cause respiratory problems, including asthma and chronic bronchitis.
Democratic Gov. Michelle Lujan Grisham's administration has long argued that the along with regulations to limit methane emissions from the industry were necessary to combat climate change and meet federal clean air standards.
New Mexico Environment Secretary James Kenney said on Wednesday affirmed that the rule was properly developed and there was substantial evidence to back up its approval by regulators.
鈥淭hese rules aren鈥檛 going anywhere,鈥� Kenney said in a statement to , suggesting that the industry stop spending resources on legal challenges and start working to comply with New Mexico's requirements.
The Independent Petroleum Association of New Mexico had argued in its appeal that the rule disproportionately affected independent operators.
鈥淭he administration needs to stop its 鈥榙eath by a thousand cuts鈥� hostility to the smaller, family-owned, New Mexico-based operators,鈥� the group's executive director, Jim Winchester, said in an email to the newspaper.
The group is considering its legal options.
Under the rule, oil and gas operators must monitor emissions for smog-causing pollutants 鈥� nitrogen oxides and volatile organic compounds 鈥� and regularly check for and fix leaks.
The rule applies to eight counties 鈥� Chaves, Do帽a Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia 鈥� where ozone pollutants have reached at least 95% of the federal ambient air quality standard. Some of those counties include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line.
The industry group had argued that Chaves and Rio Arriba counties shouldn鈥檛 be included. The court disagreed, saying those counties are located within broader geographic regions that did hit that 95% threshold.
The Associated Press
