N.M. Stat. » Chapter 74 — Environmental Improvement
New Mexico Statutes

N.M. Stat. § 74-2-1 (2026)

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✓ current as of May 2026
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Chapter 74, Article 2 NMSA 1978 may be cited as the "Air Quality Control Act". History: 1953 Comp., § 12-14-1, enacted by Laws 1967, ch. 277, § 1; 1972, ch. 51, § 1; 1989, ch. 278, § 1.

ANNOTATIONS

Cross references. — For the Environmental Improvement Act, see Chapter 74, Article 1 NMSA 1978.

For the Pollution Control Revenue Bond Act, see Chapter 3, Article 59 NMSA 1978.

New Mexico constitutional and statutory provisions have incorporated and implemented the common law public trust doctrine. — Section 21 of Article XX of the New Mexico Constitution recognizes that a public trust duty exists for the protection of New Mexico’s natural resources, and it delegates the implementation of that specific duty to the legislature. The legislature has incorporated and implemented the common law public trust doctrine with regard to the process a person must follow in asserting his or her rights to protect the atmosphere by enacting the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, to address how protections for the atmosphere are implemented. The common law, where inconsistent with this statutory scheme, must yield to the governing statute. An individual may make a claim concerning the duty to protect the atmosphere, but such a claim must be raised within the existing constitutional and statutory framework and not alternatively through a separate cause of action, because a separate common law cause of action under the public trust doctrine would circumvent and render a nullity the process under the Air Quality Control Act that has established how competing interests are addressed and decisions are made regarding regulation of the atmosphere. Sanders-Reed v. Martinez, 2015-NMCA-063.

Where plaintiffs filed a civil complaint against the state of New Mexico seeking a judgment declaring that the common law public trust doctrine imposes a duty on the state to regulate greenhouse gas emissions in New Mexico, that the state’s failure to devise a plan to mitigate the effects of climate change is a breach of the public trust duty, and that the state should be ordered to produce a plan for redressing and preventing the impairment to the atmosphere caused by greenhouse gases, summary judgment in favor of the state was appropriate where the legislature has enacted a statutory framework to address how protections for the atmosphere are implemented, and the common law, where inconsistent with the statutory scheme, must yield to the governing statute. Sanders-Reed v. Martinez, 2015-NMCA-063.

Comparison to Federal Clean Air Act. — New Mexico's Air Quality Control Act is not generally more stringent than the Federal Clean Air Act except in areas of air pollution prevention not preempted by the Federal Clean Air Act and not precluded by the limiting provisions in the Air Quality Control Act. 1987 Op. Att'y Gen. No. 87-11.

Application of state antipollution laws to industries located on Indian land is valid, provided that the operation of those laws neither impairs the proprietary interest of the Indian people in their lands nor limits the right of the tribe or pueblo to govern matters of tribal relations. The regulation of industrial discharges is not a matter fundamental to tribal relations, and the state supervision of environmental pollution will not limit, in any meaningful manner, the right of the several Indian peoples to govern themselves. The extension of pollution controls to industries located on Indian land will not affect the ownership or control of the land. 1970 Op. Att'y Gen. No. 70-05.

Law reviews. — For comment, "Delegation of Legislative Authority on the State Level; Environmental Protection in New Mexico: Public Service Co. of N.M. et al. v. N.M. Environmental Improvement Board," see 17 Nat. Resources J. 521 (1977).

For note, "The 1977 Procedural Amendments to the Clean Air Act - Have They Made a Difference?," see 24 Nat. Resources J. 745 (1984).

For note, "Judicial Review of Environmental Protection Agency Rule Promulgation - Clean Air Act State Implementation Plan Requirement - New Mexico EID v. Thomas, 789 F.2d 825 (10th Cir. 1986)," see 27 Nat. Resources J. 723 (1987).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 155 et seq.

Validity of regulation of smoke and other air pollution, 78 A.L.R.2d 1305.

Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.

Control of interstate pollution under Clean Air Act as amended in 1977 (42 USCS §§ 7401-7626), 82 A.L.R. Fed. 316.

Application of air quality modeling to decisionmaking under Clean Air Act (42 USCS §§ 7401-7626), 84 A.L.R. Fed. 710.

Standing of air pollution source to challenge Clean Air Act (42 USCS §§ 7401-7626) or its implementation, 85 A.L.R. Fed. 515.

Construction and application of § 307(b)(1) of Clean Air Act (42 USCS § 7607(b)(1)) pertaining to judicial review by courts of appeals, 86 A.L.R. Fed. 604.

What constitutes modification of stationary source, under § 111 (a)(3), (4) of Clean Air Act (42 USCS § 7411 (a)(3), (4)), so as to subject source to Environmental Protection Agency's new source performance standards, 94 A.L.R. Fed. 750.

Award of costs and attorney's fees in judicial review of administrative proceedings under § 307(f) of Clean Air Act (42 USCA § 7607(f)), 146 A.L.R. Fed. 531.

Federal requirements for public participation in adoption, submission, and approval of state implementation plans and revisions pursuant to § 110 of Clean Air Act (42 USCA § 7410), 151 A.L.R. Fed. 445. Decisions of Environmental Protection Agency (EPA) approving or disapproving state implementation plans as interfering with primary role of states to determine how national ambient air quality standards should be met under Clean Air Act (42 USCA §§ 7401 et seq.), 151 A.L.R. Fed. 495.

Conformity requirements of § 176(c) of Clean Air Act, 42 U.S.C.A. § 7506(c), 157 A.L.R. Fed. 217.

39A C.J.S. Health and Environment § 130.

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 1980–2026 · leading case: New Energy Econ., Inc. v. Shoobridge, 243 P.3d 746 (N.M. 2010).
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New Energy Econ., Inc. v. Shoobridge, 243 P.3d 746 (N.M. 2010). · cites it 2× “At the hearing were representatives from the Public Service Company of New Mexico, the Dairy Producers of New Mexico, the New Mexico Oil and Gas Association, and the New Mexico Farm and Livestock Bureau, who asked the Board not to conduct a hearing, contending that the Board…”
Duke City Lumber Co. v. New Mexico Env't Improvement Bd., 681 P.2d 717 (N.M. 1984). · cites it 2× “The Air Quality Control Act (Act), NMSA 1978, Sections 74-2-1 through 74-2-17 (Repl.Pamp.”
Chapman v. Luna, 678 P.2d 687 (N.M. 1984). · cites it 4× “In determining the authority of the Council to enact its ordinance, including its penalties, we must look at the applicable legislative enactment, the state Air Quality Control Act, NMSA 1978, Section 74-2-1 to Section 74-2-17 (Repl.Pamp.”
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)…”
Espinosa v. Roswell Tower, Inc., 910 P.2d 940 (N.M. Ct. App. 1995). · cites it 4× “August 24, 1984 marks the effective date of NMED Air Quality Control Regulation 751 (AQCR 751), adopted under the authority of the Air Quality Control Act (AQCA), NMSA 1978, §§ 74-2-1 to -17 (Repl.Pamps. 1990 & 1993).”
State Ex Rel. Hanosh v. New Mexico Env't Improvement Bd., 196 P.3d 970 (N.M. Ct. App. 2008). · cites it 2× “Any person adversely affected by an administrative action taken by [EIB], the local board, the secretary or the director may appeal to the [C]ourt of [A]ppeals.”
Duke City Lumber Co. v. New Mexico Env't Improvement Div., 681 P.2d 727 (N.M. Ct. App. 1983). · cites it 2× “Section 74-2-9(C). Hence, under the language of that section, we must limit our review to only favorable evidence in support of the Board’s ruling, disregarding any unfavorable evidence.”
Tenneco Oil Co. v. New Mexico Water Quality Control Comm'n, 760 P.2d 161 (N.M. Ct. App. 1987). “, the standard of review in the Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -17 (Repl. Pamp.1983), was considered in an appeal from the denial of a variance.”
Kennecott Copper Corp. v. New Mexico Env't Improvement Bd., 614 P.2d 22 (N.M. Ct. App. 1980). · cites it 2× “The board shall: (1) adopt, promulgate, publish, amend and repeal regulations consistent with the Air Quality Control Act [§ 74-2-1 to § 74-2-17 N.M.S.A. 1978] to prevent or abate air pollution, including regulations prescribing air standards, within the geographic area of the…”
Sw. Org. Proj. v. Albuquerque-Bernalillo Cnty. Air Quality Control Bd., 2021 NMCA 005 (N.M. Ct. App. 2020). · cites it 3× “{1} This is an appeal of the Albuquerque-Bernalillo County Air Quality Control Board’s (the Board) order upholding the City of Albuquerque Environmental Health Department’s (EHD) issuance of an authority-to-construct permit to Honstein Oil & Distributing, LLC, pursuant to the…”
WildEarth Guardians v. N.M. Env't Improvement Bd. (N.M. Ct. App. 2023). · cites it 4× “New Mexico implements the Clean Air Act through the Air 2 1 Quality Control Act, NMSA 1978, §§ 74-2-1 to -17 (1967, as amended through 2 2021), 1 and a preconstruction permitting program.”
WildEarth Guardians v. N.M. Env't Improvement Bd. (N.M. Ct. App. 2023). · cites it 4× “New Mexico implements the Clean Air Act through the Air Quality Control Act, NMSA 1978, §§ 74-2-1 to -17 (1967, as amended through 2021), 1 and a preconstruction permitting program.”
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