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New Mexico Supreme Court

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U.S. Chamber files amicus brief urging New Mexico Supreme Court to uphold dismissal of lawsuit seeking to convert the state Constitution’s Pollution Control Clause into a vehicle for making courts oversee environmental policymaking

March 16, 2026

U.S. Chamber Amicus Brief

The Pollution Control Clause – which vests the State’s Legislature alone with authority to balance the State’s interests in environmental protection and economic development – does not create a judicially enforceable right to a different balancing.

Larry J. Montaño and Jennifer S. Neumann of Holland & Hart LLP served as outside counsel.

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