Paulene Abeyta House District 69 | Sierra Club Rio Grande Chapter
On Thursday, Governor Susana Martinez signed Senate Bill 72 into law. This bill is seen as a measure that supports New Mexico’s industrial dairy industry by limiting its accountability for pollution and nuisances resulting from its operations.
Many residents living near dairies and agricultural operations purchased their homes decades ago when these operations were smaller with minimal impact on the surrounding areas. Currently, the average New Mexico dairy has the largest herd size in the country and generates more waste daily than a typical small city, with some waste being sprayed into the air to fertilize fields.
The existing New Mexico agricultural law was already restrictive concerning neighbors’ rights to seek compensation for issues such as deteriorated air quality, manure dust, and fly infestations stemming from dairies and other operations that negatively affect residential property values. Senate Bill 72 introduces additional immunity, stating that agricultural operations cannot be sued for nuisance unless there is a change in both scope and nature. This provision applies not only to dairies but also to other rural and urban agricultural operations.
