The purpose of the Environmental Improvement Act is to create a department that 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 inhabitants; will protect this generation as well as those yet unborn from health threats posed by the environment; and will maximize the economic and cultural benefits of a healthy people.
History: 1953 Comp., § 12-19-2, enacted by Laws 1971, ch. 277, § 2; recompiled as 1953 Comp., § 12-12-2 by Laws 1972, ch. 51, § 9; 1997, ch. 139, § 2.
ANNOTATIONSThe 1997 amendment, effective June 20, 1997, substituted "a department that" for "an agency which" and "ensure" for "insure".
Common-law remedy for nuisance survives the enactment of the Environmental Improvement Act. Gonzalez v. Whitaker, 1982-NMCA-050, 97 N.M. 710, 643 P.2d 274, cert. denied, 98 N.M. 336, 648 P.2d 794.
Board has paramount environmental improvement authority. — It is the intention of the legislature to give the environmental improvement board statewide, paramount authority to enforce regulations and standards in the various areas listed and that all other entities of government and political subdivisions thereof must conform. N.M. Mun. League, Inc. v. N.M. Envtl. Improvement Bd., 1975-NMCA-083, 88 N.M. 201, 539 P.2d 221, cert. denied, 88 N.M. 318, 540 P.2d 248.
Denial of landfill permit based on public opposition. — The Environmental Improvement Act and the Solid Waste Act do not require the secretary to deny a landfill permit based on public opposition. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc. 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).