The golden era for workers’ rights and strong labor unions
appears to be a distant past, while the threat of climate change and the
need for a rapid transition away from fossil fuels looms. That
transition lies at the intersection of environmental and labor justice as
advocates on both sides query how to confront the challenge of
decarbonizing the economy while ensuring workers are not thrown
into economic precarity. New Mexico is a place where these tensions
collide—it has been a leader in promoting clean energy industries, yet
its economy and workforce are heavily dependent on the oil and gas
industry. Additionally, unlike some of its sister progressive states like
California, New Mexico lacks a strong union presence. This raises a
central question: How can New Mexico—and similarly situated
states—build a clean energy industry that offers strong worker
protections, livable wages, and robust benefits for clean energy
workers and the communities near those projects?
This Article examines two tools that can bridge the union gap—
Community Workforce Agreements (CWAs) and Community Benefit
Agreements (CBAs). Through local examples of these agreements in
action, this Article identifies the opportunities and challenges of both.
The Article then reviews state clean energy legislation that either
incentivizes or requires CWAs and CBAs for clean energy projects.
Building on these models, it discusses multiple avenues New Mexico
can pursue to push the energy transition forward while providing
strong protections for workers and communities. Finally, this Article
emphasizes that these tools are readily adaptable to other states and
to other segments of the energy sector.
