Thursday, November 14, 2013

Oil and gas ban spurs lawsuit in NM county

A decision by one northern New Mexico county to prohibit oil and natural gas development has prompted a statewide industry group and three landowners to challenge the ban in federal court. The case is being closely watched as Mora County was the first in the country to impose such a ban. The lawsuit filed this week in Albuquerque by the Independent Petroleum Association of New Mexico and the landowners claims the ban is unconstitutional and violates state laws. The plaintiffs say the county lacks authority to pass such an ordinance, and it stands to effect property and due process rights as well as potential revenues that benefit New Mexico schools, universities and hospitals. "These resources belong to the people of New Mexico, not to the commissioners of Mora County. This ordinance would in effect impact each and every citizen in the state," Richard Gilliland, president of the Independent Petroleum Association of New Mexico, said Wednesday. County Commissioner John Olivas said several attorneys from across the country have already stepped up to help the county through what promises to be a long legal battle. "It's very unfortunate that municipalities and communities cannot say no to corporations without getting sued," Olivas said. "But Mora County is up to the challenge. I think this was expected." AP

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