Chapter 74, Article 1 NMSA 1978 may be cited as the "Environmental Improvement
Act".
History: 1953 Comp., § 12-19-1, enacted by Laws 1971, ch. 277, § 1; recompiled as
1953 Comp., § 12-12-1 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 1; 1997, ch. 139, §
1.
ANNOTATIONS
Cross references. — For environmental compliance, see 74-7-1 NMSA 1978 et seq.
The 1997 amendment, effective June 20, 1997, substituted "Chapter 74, Article 1
NMSA 1978" for "Sections 12-12-1 through 12-12-14 NMSA 1953".
Enforcement authority under the federal Clean Air Act. — The language in §
7412(d) of the Clean Air Act, 42 U.S.C. § 7401 et seq., delegates to the states with
approved state implementation plans (SIP) the primary responsibility to enforce the
standards as manifested in that SIP. The delegation of federal authority is limited to
state enforcement of the federally-approved SIP through the state administrative and
judicial process, or possibly through citizens' suits. The administrator retains authority to
enforce the SIP in federal court, acting as a supervisor to insure that the federal
standards are met. Espinosa v. Roswell Tower, Inc., 32 F.3d 491 (10th Cir. 1994).
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment,"
see 4 N.M.L. Rev. 105 (1973).
For note, "Preemption - Atomic Energy," see 24 Nat. Resources J. 761 (1984).
For note, "Look Out States . . . Your Environmental Liability Could Be Bigger Than You
Think", see 30 Nat. Resources J. 929 (1990).
For note, "The Toxic Time Bomb in the Borderland: Can the 'Emergency Planning and
Community Right to Know Act' Help?", see 30 Nat. Resources J. 969 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 1 et
seq.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
Governmental recovery of cost of hazardous waste removal under Comprehensive
Environmental Response, Compensation, and Liability Act (42 USCS § 9601 et seq.),
70 A.L.R. Fed. 329.
Supreme Court's views as to validity, construction and application of Comprehensive
Environmental Response, Compensation, and Liability Act ((CERCLA) (42 U.S.C.A. §§
9601 et seq.)), 157 A.L.R. Fed. 291.
Requirement that there be continuing violation to maintain citizen suit under federal
environmental protection statutes - post-Gwaltney cases, 158 A.L.R. Fed. 519.
39A C.J.S. Health and Environment § 1 et seq.
Notes of Decisions
Colonias Dev. Council v. Rhino Env't Servs. Inc., 117 P.3d 939 (N.M. 2005).
· cites it 2× “It contends that such considerations are required by the Environmental Improvement Act, NMSA 1978, §§ 74-1-1 to -16 (1971, as amended through 2003), the Solid Waste Act, and the regulations adopted pursuant to the acts.”
Gonzalez v. Whitaker, 643 P.2d 274 (N.M. Ct. App. 1982).
· cites it 4× “Whitaker cites the Environmental Improvement Act, § 74-1-1, et seq., N.M.S.A. 1978, which specifically empowers the EIA to maintain, develop and enforce regulations and standards in areas of water supply and water pollution, liquid and solid waste disposal, air quality…”
New Mexico v. Gen. Elec. Co., 335 F. Supp. 2d 1185 (D.N.M. 2004).
· cites it 2× “The New Mexico Environmental Improvement Act, N.M. Stat. Ann. §§ 74-1-1 (Repl.2000) creates the New Mexico Environmental Improvement Board (EIB), making it “responsible for environmental management and consumer protection” and empowering it to “promulgate rules and standards in…”
New Energy Econ., Inc. v. Martinez, 2011 NMSC 6 (N.M. 2011).
· cites it 2× “BACKGROUND {2} On December 6, 2010, after a two-year rule-making process, the EIB adopted a regulation pursuant to the Environmental Improvement Act, NMSA 1978, §§ 74-1-1 to -15 (1971) (as amended through 2009), and the Air Quality Control Act, NMSA 1978, §§ 74-2-1 to -17 (1967)…”
Moongate Water Co., Inc. v. State, 902 P.2d 554 (N.M. Ct. App. 1995).
· cites it 2× “The Environment Department is charged with enforcing the provisions of the Environmental Improvement Act, NMSA 1978, Sections 74-1-1 to -10 (Repl.Pamp.1993) (the Act).”
Env't Improvement Div. v. Aguayo, 660 P.2d 587 (N.M. 1983).
“) is to create an agency which will be responsible for environmental management and consumer protection in this state in order to ensure an environment that in the greatest possible measure: will confer optimum health, safety, comfort and economic and social well-being on its…”
Env. Imp. Div. v. Bloomfield Irr. Dist., 778 P.2d 438 (N.M. Ct. App. 1989).
“Plaintiff derives its authority from NMSA 1978, Sections 74-1-1 to -10 (Repl. Pamp. 1988) ("Environmental Improvement Act").”
Interstate Nuclear Servs. Corp. v. City of Santa Fe, 179 F. Supp. 2d 1253 (D.N.M. 2000).
· cites it 2× “In contrast to the general authority granted local governments in the Sewage Facilities Act, the Environmental Improvement Act, NMSA 1978 § 74-1-1 et seq., specifically grants the NMED authority over both nuclear safety and water quality.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.