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.

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.