Professor Martha Davis Submits Second Amicus Brief in New Mexico Environmental Protection Case

Professor Martha Davis, an internationally recognized expert on human rights, has joined Professor James May of Washburn University School of Law and Professor George Bach of the University of San Francisco School of Law in submitting an amicus brief to the New Mexico Supreme Court in Atencio v. State.

Professor Martha Davis Submits Second Amicus Brief in New Mexico Environmental Protection Case

01.28.2025 – Professor Martha Davis, an internationally recognized expert on human rights, has joined Professor James May of Washburn University School of Law and Professor George Bach of the University of San Francisco School of Law in submitting an amicus brief to the New Mexico Supreme Court in Atencio v. State. In the case, plaintiffs assert that the state of New Mexico and other state defendants violated plaintiffs’ rights under the New Mexico Constitution by continuing to authorize and promote oil and gas production without ensuring environmental protections. This is the second brief Davis has submitted in the case; she previously filed an amicus brief when the matter was before the New Mexico Court of Appeals.

Davis drafted the brief in her capacity as faculty co-director of Northeastern Law's Center for Global Law and Justice. The brief surveys the justiciability of environmental claims and other positive rights under state constitutions and argues that New Mexico's pollution control amendment should be deemed to create enforceable rights. Research conducted by Owen Doherty ’26 was incorporated into the brief. Zach Varricchione ’27 also contributed significantly to the filing. Professor Sharmila Murthy, an environmental law expert and faculty co-director of Northeastern Law’s Center for Public Interest Advocacy and Collaboration, is one of the amici joining the brief.

“Working on this case gave me valuable insight into high-level appellate advocacy and was an incredible opportunity to bring together my past co-op experience at a state high court (the SJC) and my coursework in state constitutional law, individual rights and environmental law,” said Doherty. “It was especially meaningful to see how those strands came together in the context of a case with such critical climate implications,"

“In 2022, the UN General Assembly recognized the right to a clean, healthy and sustainable environment as a fundamental human right,” said Davis. “Taking New Mexico’s pollution control provision seriously is part of realizing that human right in the U.S.”

About Northeastern University School of Law

The nation’s leader in experiential legal education since 1968, Northeastern University School of Law offers the longest-running, most extensive experience-based legal education program in the country. Northeastern guarantees its students unparalleled practical legal work experiences through its signature Cooperative Legal Education Program. More than 1,100 employers worldwide in a wide range of legal, government, nonprofit and business organizations participate in the program. With a focus on social justice and innovation, Northeastern University School of Law blends theory and practice, providing students with a unique set of skills and experiences to successfully practice law.

For more information, contact [email protected].