More than 1.9 million gallons of oil and gas waste have been reported spilled across New Mexico so far in 2026, with more than half of the reported pollution occurring on public and Tribal lands, according to an analysis by WildEarth Guardians.
Melissa Troutman, Climate & Health Advocate for the environmental group, presented the findings to the New Mexico Legislature’s Radioactive and Hazardous Materials Committee ahead of its September 11 meeting in Paguate.
The analysis is based on state oil and gas spill records and builds on WildEarth Guardians’ ongoing review of spills, penalties and cleanup requirements.
The group said that, in its analysis, produced water, the wastewater generated during oil and gas production, was the most commonly spilled liquid.
Despite its name, produced water can contain salts, hydrocarbons, heavy metals, radioactive materials, and numerous chemicals, according to WildEarth Guardians.
The group is particularly concerned about plans to expand the treatment and reuse of produced water without first addressing what it says are gaps in state and federal regulation.
“New Mexico doesn’t make oil and gas companies follow the same hazardous and radioactive standards as other industries,” Troutman said. “Before lawmakers entertain new ways to spill and dump oil and gas waste around New Mexico, we need to close loopholes to ensure companies, not taxpayers, are the ones paying for the full cost of cleanup.”
Warning from West Virginia
WildEarth Guardians pointed to the federal cleanup of the Fairmont Brine produced-water treatment facility in West Virginia as an example of the potential costs when an operator can no longer pay for remediation.
The Environmental Protection Agency has removed more than 1,000 tons of radioactive solids, 72,000 gallons of radioactive liquids, and 46,000 gallons of hazardous liquids from the site. Federal taxpayers have contributed $3.1 million to the response after the operator folded.
Rebecca Sobel, Climate & Health Program Director for WildEarth Guardians, said New Mexico should ensure companies remain responsible for the waste they generate.
“If companies want to produce billions of gallons of contaminated waste, the liability belongs to them,” Sobel said. “It should not be transferred to taxpayers, communities or the public lands and waters New Mexicans depend on.”
WildEarth Guardians is urging lawmakers to remove hazardous- and radioactive-waste exemptions affecting oil and gas operations, strengthen liability requirements, penalize repeat polluters and consider companies’ compliance histories when evaluating new permits.
Troutman said the state should make pollution a factor in regulating oil and gas operations. “Make pollution count, and make polluters pay,” she said.
