2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 12 - Hazardous Materials Emergency Response
Section 12-12-16 - Right of action; injunction; damages.

Universal Citation: NM Stat § 12-12-16 (2018)
12-12-16. Right of action; injunction; damages.

Whenever the attorney general of New Mexico, after complaint has been filed by any person alleging injury hereunder or upon his own initiative after investigation made, believes any supplier has violated, or is knowingly in violation of, the provisions of the Emergency Petroleum Products Supply Act [12-12-10 through 12-12-16 NMSA 1978], the attorney general shall bring an action to enjoin the violation in any district court of the state. Additionally, any person who shall be injured in his business or property by a violation of this act may bring an action to enjoin the violation and to recover all damages sustained thereby, including cost of suit and a reasonable attorney's fee, in any district court of the state. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the violation is found to be willful.

History: 1953 Comp., § 65-10-6, enacted by Laws 1974, ch. 22, § 6; 1978 Comp., § 70-8-6, recompiled as § 12-12-16 by Laws 2005, ch. 22, § 4.


Recompilations.Laws 2005, ch. 22, § 4 recompiled 70-8-6 NMSA 1978 as 12-12-16 NMSA 1978, effective July 1, 2005.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.

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