Current work in wildlife, rivers, public lands, and climate

The petition was submitted by WildEarth Guardians and supported by thousands of people across the state after an April report by Physicians for Social Responsibility revealed that the use of PFAS has been disclosed in hundreds of oil and gas wells in New Mexico. However, another 8,200 wells were injected with at least one “trade secret” chemical that could have also been PFAS. 

“For years, the use of PFAS has created a public health crisis for our frontline communities and workers. The use of these dangerous chemicals threatens the long-term health of our state as well as our already scarce water resources,” said Ennedith López, Policy Campaign Manager at YUCCA. “We can no longer afford for the state law to cater to industry’s needs, and the disclosure of chemicals and the prohibition of PFAS chemicals in oil and gas is an absolutely necessary first step to stop environmental racism and defend our land, water, and bodies from chemicals that pose generational threats. The youth of New Mexico demand urgent and meaningful action to protect our health, futures, and environment.”

After being injected underground to extract fossil fuels, the chemicals used in oil and gas operations are then transported across the state in the industry’s waste for disposal in landfills, surface waste facilities, and injection wells. Currently, the industry’s waste is exempt from state hazardous waste law despite containing hazardous toxins. 

“New Mexico needs to lead the charge to hold the oil and gas industry accountable to protecting this state’s scarce and invaluable clean water,” said Tim Davis, staff attorney with WildEarth Guardians.  “The Michelle Lujan Grisham administration not only has the authority, but the duty to do the right thing here, and we look forward to ensuring the Governor holds true to her position that toxic forever chemicals don’t belong in this state.”

PFAS are linked to multiple negative health effects, including cancer, liver damage, decreased fertility, asthma, thyroid disease, and decreased vaccine efficacy – but they aren’t the only dangerous chemicals in oil and gas operations. The oil and gas industry also uses other chemicals linked to cancer and other health impacts, including benzene, methanol, formaldehyde, lead, and sulfuric acid. 

“Agencies and leaders have an ethical responsibility to give the public truth and information about one of our most precious and sacred gifts – water,” said Sr. Joan Brown osf, Executive Director of NM Interfaith Power and Light. “Loving neighbor or kin is a core value in all religious traditions. As a Catholic Franciscan sister, we have the Corporal Works of Mercy, of which one is to give drink to the thirsty. Today, we cannot abide by our moral responsibilities if our water is polluted and communities have no knowledge of toxic chemicals in ‘sister water’ and how this might affect health and children in the womb.” 

While industry has reported that “water” makes up over 95% of fracking fluid, PFAS and other chemicals are toxic at extraordinarily low amounts and difficult to detect.

“PFAS compounds pose a risk to human health. The state of New Mexico should protect the public from potential ground and surface water contamination and other risks by prohibiting oil and gas operators from using PFAS and requiring disclosure of all chemicals used in downhole operations,” said Ally Beasley, Western Environmental Law Center staff attorney. “We support Guardians’ petition to protect public health and promote transparency, and are pleased the Oil Conservation Commission granted the hearing request.”

The Oil Conservation Division appeared and stated the agency does not oppose Guardians’ proposed rulemaking. The Oil Conservation Commission proposes to hold the rulemaking hearing the week of February 26 to March 1st, after the legislative session is complete. 

For more on PFAS in the oil and gas industry, visit www.wildearthguardians.org/climate-energy/pfas-toolkit.

Youth advocates at July 13, 2023 OCC Hearing. Photo: WildEarth Guardians

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