NM Climate Goals Push: Environment Secretary Urges Lawmakers

New Mexico’s environment secretary is urging state lawmakers to lock in the climate goals of outgoing Michelle Lujan Grisham before her term ends this year. In a Monday meeting with the interim Water and Natural Resources Committee, Secretary Kenney detailed a legislative push to codify emission targets, secure water funding, and tighten regulations on “forever chemicals” as the state prepares for a new administration following the Nov. 3 gubernatorial election.

The move is a race against the clock. Because many of these initiatives currently exist as executive orders or temporary programs, they could be dismantled by a future governor. By turning these goals into state law, Kenney aims to create a permanent regulatory framework that survives the transition of power.

Securing the 50-Year Water Plan

Water scarcity is a perennial crisis in the Southwest, and New Mexico’s strategy to fight it is currently anchored in a 50-year water action plan unveiled in 2024. The plan focuses on watershed protection and conservation, but Kenney warned that the vision needs a dedicated funding mechanism to survive.

He pointed to the Leak Tracer program as a primary example of what is at stake. The program uses satellite imagery to pinpoint water leaks in small, often overlooked communities. While the technology works, the funding is precarious. Kenney is asking the Legislature to create a permanent fund and a legal mechanism to ensure money continues to flow into these types of infrastructure projects.

The Data Center Loophole

One of the most contentious points of the current debate involves the “Project Jupiter” hyperscale data center currently under construction in Doña Ana County. These facilities are energy-intensive and can produce massive carbon footprints, yet Kenney admitted the state is currently toothless when it comes to regulating them.

The environment secretary noted that Project Jupiter is expected to emit between 5 and 8 million tons of carbon dioxide. Currently, the Environment Department lacks the authority to regulate CO2 emissions specifically from data centers. This creates a glaring gap in the state’s climate strategy: while the administration champions green goals, a single industrial project could potentially wipe out those gains.

“That’s painful, to have been a champion with the governor, and to be an administration that’s championed climate goals and to consider that they could be eliminated with the data centers prospectively looking at New Mexico,” Kenney told lawmakers.

To close this gap, Kenney wants to revive Senate Bill 18, also known as the Clear Horizons Act. The bill failed in the most recent session, but it would codify a 2019 executive order requiring the state to cut greenhouse gas emissions by 45% relative to 2005 levels by 2030. Environmental officials have already warned that New Mexico is currently off track to meet that 2030 goal.

The Battle Over ‘Forever Chemicals’

The administration’s fight against PFAS—per- and poly-fluoroalkyl substances—has hit a legal wall. These “forever chemicals,” found in everything from firefighting foam to carpets, are linked to fetal developmental delays, decreased fertility, and certain cancers. In 2025, Lujan Grisham signed the Per- and Poly-fluoroalkyl Protection Act to force manufacturers to label products containing these chemicals.

However, a federal judge recently issued a preliminary injunction against the law, ruling that the labeling requirement infringed on commercially protected speech. Manufacturing organizations sued the New Mexico Environment Department, arguing the government cannot force them to place warning icons on their products. Kenney now believes the only way to save the labeling requirement is for the Legislature to step back in and refine the law to withstand judicial scrutiny.

A Shift Toward a Circular Economy

Beyond emissions and toxins, the environment secretary is pushing for a “circular economy” bill. This would move New Mexico away from the “take-make-waste” industrial model and toward a system where goods are designed for repair and reuse. This proposal builds on House Bill 291, a 2025 law that amended the Recycling and Illegal Dumping Act.

As the Dec. 7 public hearing approaches regarding Project Jupiter’s air quality permit for its natural gas fuel-cell system, the tension between economic development and environmental preservation will be on full display. The outcome of the upcoming legislative session will determine if Lujan Grisham’s climate legacy becomes the law of the land or remains a set of expired aspirations.

Worth a look