A. The natural resources trustee shall take all actions necessary to carry out the responsibilities of the natural resources trustee as provided in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the federal Water Pollution Control Act and any other applicable federal law, including the responsibility to:
(1) act on behalf of the public to protect New Mexico's natural resources by recovering damages for injury to, destruction of or loss of those resources;
(2) investigate injury to, destruction of or loss of natural resources;
(3) determine the amount and cause of injury to, destruction of or loss of natural resources;
(4) determine the liability of any person for injury to, destruction of or loss of natural resources;
(5) assess and collect damages for injury to, destruction of or loss of natural resources, including bringing legal actions and collecting the costs of assessing and collecting the damages; and
(6) expend money for the purposes set forth in the Natural Resources Trustee Act.
B. The natural resources trustee may:
(1) hire staff, in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978], to carry out the provisions of the Natural Resources Trustee Act;
(2) contract with economists, consultants and other experts; and
(3) accept gifts and grants to carry out the provisions of the Natural Resources Trustee Act. Gifts and grants accepted by the natural resources trustee shall be deposited in the natural resources trustee fund.
C. The attorney general shall provide legal counsel and representation to the natural resources trustee and the office of the natural resources trustee.
History: Laws 1993, ch. 292, § 3; 2004, ch. 120, § 1.
Federal acts. — The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is found at 42 U.S.C. § 9601 et seq. The federal Water Pollution Control Act is found at 33 U.S.C. § 1251 et seq.
The 2004 amendment, effective May 19, 2004, amended Subsection A, Paragraph (6) to change "monies" to "money". A new Subsection D was line-item vetoed by the governor. It would have provided: "D. A person may appeal a decision of the natural resources trustee to the district court in the judicial district in which the damages or violations occurred." See 2004 note following Section 75-7-5 NMSA 1978 for appropriation. See also N.M. Const. art IV, § 22 for line-item veto power of the governor.
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