New Mexico Mesothelioma and Asbestos Exposure Risks

There are several natural asbestos deposits in New Mexico, as well as several oil refineries and two power plants. Asbestos exposure is possible or has been noted at all of these locations.

At Risk Occupations and Locations in New Mexico

Oil refineries and power plants are two jobsites where asbestos exposure is a significant risk. Asbestos is known to have been used at the Four Corners Power Plant and the San Juan Powerhouse. A Puerto Rican study carried out on power plant workers indicated that 13 percent of those included in the study had abnormal chest x-rays, and data from the Center of Health Statistics indicates that 3 percent of power plant workers who die from occupational causes die from mesothelioma, a rare cancer caused almost exclusively by asbestos exposure.

In addition, the state's largest provider of electricity and gas, the Public Service Company of New Mexico, was named as a defendant in 20 lawsuits in 2003. Prior to this, the company had also been sued in relation to secondary asbestos exposure, in which family members of workers had developed asbestos-related diseases.

Asbestos-containing materials were widely used in oil refineries as well as power plants, due to the high fire resistance and flame retardant qualities of materials containing the substance. Structural materials, fittings, and even protective clothing used in these sites have contained asbestos.

There are six natural asbestos deposits (four of chrysotile and two of amphibole) in New Mexico. Two chrysotile sites are located in the southwest of the state near Lordsburg and Deming, and one amphibole site is located further south in a desert region where very few people live. Another chrysotile deposit is located approximately 15 miles north of the state line near Las Cruces. The second amphibole site is in a sparsely-populated region near Ruidoso, and the remaining chrysotile site is located 30 miles northwest of the area.

Asbestos-related diseases - particularly mesothelioma - have long latency periods, and those that worked on jobsites that have been cleaned up and gone through asbestos abatement may still wish to schedule routine check-ups with a doctor.

Legal Resources for New Mexico Residents

Two recent lawsuits involving personal product liability and asbestos include two 2006 lawsuits in which Burlington Northern was the defendant. There have been several other noteworthy asbestos cases in New Mexico.

One such case is Martinez vs. Maggiore. In this case, it was found that the Secretary of the New Mexico Environment Department had granted the Northeastern New Mexico Regional Landfill a permit to operate a solid waste facility near Wagon Mound. Following this, the Landfill company began to apply for permit modifications allowing the company to process "special" wastes, one of which was asbestos.

Northeastern New Mexico Regional Landfill ran several advertisements in local newspapers to advise residents about these changes, and about their intention to process special wastes. However, they neglected to include information about the known dangers of asbestos in their advertisements. In addition, the courts found that Northeastern New Mexico Regional Landfill failed to adequately explain what types of special wastes they intended to process. The advertisement that was displayed listed several substances but did not contain any reference to asbestos. The courts deemed that asbestos waste would be of special concern to the public, and additionally that the public hearing about the permit changes that the Northeastern New Mexico Regional Landfill held was inadequate.

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