2024 New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 1 - General Provisions
Section 74-1-5 - Environmental improvement board; duties.

The board shall promulgate all regulations applying to persons and entities outside of the department.

History: 1953 Comp., § 12-19-6, enacted by Laws 1971, ch. 277, § 6; recompiled as 1953 Comp., § 12-12-6 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 3; 1997, ch. 139, § 5.

Cross references. — For definition of "department", see 74-1-3 NMSA 1978.

The 1997 amendment, effective June 20, 1997, substituted "department" for "agency".

Board's duty to prepare regulations. — The environmental improvement board has a duty to have the regulations prepared by a staff of its own. It has no right to delegate this authority to one who is an "interested person" at a public hearing. Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd., 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087.

Power to regulate environment. — The Environmental Improvement Act grants the department and its environmental improvement board the power to regulate the environment on behalf of the citizens of New Mexico. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc., 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 4.

39A C.J.S. Health and Environment §§ 137, 138.