National Technology & Engineering Solutions of Sandia, LLC, et al. v. Albuquerque-Bernalillo County Air Quality Control Board

Industrial sites, transportation-related emissions, and other pollution sources have long contributed to unhealthy air quality, which disproportionately harms historically marginalized communities across the country, including several communities in and around Albuquerque. 

After years of demanding change, community advocates finally got Albuquerque regulators to implement a rule requiring cumulative impacts analysis. The Health, Environment, and Equity Impacts Rule (HEEI Rule)—adopted by the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) in response to a petition led by community groups from the Mountain View area—is a significant step toward environmental justice in the Albuquerque-Bernalillo County area and its surrounding communities.

Despite its importance, the HEEI Rule faces legal challenge in New Mexico state court from industry groups that argued that social determinants of health—such as income level, literacy levels, and other factors that affect access to health care—have no place in air pollution regulation. This argument ignores the reality that public health is shaped not only by air quality but also by the economic and social conditions that directly influence how pollution affects people’s well being.

Recognizing this, Los Jardines Institute (LJI), a grassroots organization focused on environmental, economic, and food justice in Albuquerque’s South Valley, along with LJI co-coordinator and longtime Albuquerque resident Dr. Sofia Martinez and the Pueblo of Isleta, a federally recognized Indian Tribe co-located in Bernalillo County, invited NRDC to join in providing legal support. 

Together, we filed an amicus brief in support of the HEEI Rule. Our position is clear: New Mexico’s environmental regulators have a legal duty to prevent and abate air pollution, which requires considering social determinants of health, and the HEEI Rule is necessary to protect Albuquerque’s most impacted communities.