Ethylene Oxide Statistics in Santa Teresa
Filed — preliminary injunction sought
AG Lawsuit Status
Sterigenics International
Facility Operator
<2 miles from US-Mexico border
Proximity to Border Community
3 years (personal injury)
New Mexico SOL
Courts in Santa Teresa, New Mexico
Third Judicial District Court — Dona Ana County
201 W Picacho Ave, Las Cruces, NM 88005
U.S. District Court — District of New Mexico
100 N Church St, Las Cruces, NM 88001
Hospitals & Trauma Centers in Santa Teresa
UNM Comprehensive Cancer Center
1201 Camino de Salud NE, Albuquerque, NM 87102
The Hospitals of Providence — Transmountain Campus
2000 Woodrow Bean Transmountain Dr, El Paso, TX 79911
Liability Considerations in Santa Teresa
AG Enforcement and Cross-Border Exposure Concerns
The New Mexico Attorney General's lawsuit against Sterigenics represents a state-level enforcement action that is distinct from the private personal injury claims filed in Illinois and Georgia. The AG's complaint alleges that Sterigenics violated the New Mexico Air Quality Control Act and the state's Environmental Improvement Act by emitting EtO at levels that endanger public health. The request for a preliminary injunction — seeking to halt or restrict facility operations during the litigation — signals the severity of the state's concerns.
The Santa Teresa facility's location near the US-Mexico border raises unique environmental justice concerns. Communities on both sides of the border are potentially affected by EtO emissions, but residents of Mexican border communities have limited access to the US legal system. Advocacy organizations have argued that the cross-border exposure pattern underscores the need for aggressive regulatory enforcement rather than reliance solely on private tort litigation.
New Mexico's Favorable Legal Environment for EtO Claims
New Mexico offers one of the most favorable legal environments in the country for toxic tort plaintiffs. The state's three-year statute of limitations for personal injury provides a longer filing window than many neighboring states. More significantly, New Mexico does not cap punitive damages — meaning that juries are free to impose punitive awards commensurate with the defendant's wealth and the egregiousness of its conduct. In a case involving Sterigenics, which has already been found liable for hundreds of millions in damages in other states, New Mexico juries would have access to evidence of the company's conduct nationwide.
Additionally, New Mexico's pure comparative fault system means that a plaintiff can recover damages even if they are found partially at fault, with the award reduced by their percentage of responsibility. This is more favorable than the modified comparative fault systems used in Colorado and many other states, where plaintiffs who are 50% or more at fault recover nothing.