350 P.3d 1221
N.M. Ct. App.2015Background
- Plaintiffs WildEarth Guardians and parents of a minor (Sanders-Reed) sued New Mexico and Governor Martinez seeking a judicial declaration that the common law public trust doctrine imposes a duty on the State to regulate greenhouse gas (GHG) emissions to protect the atmosphere.
- Plaintiffs originally challenged the adequacy of existing EIB GHG regulations and amended the complaint after the Environmental Improvement Board (EIB) repealed those regulations in 2012, alleging the State breached a public trust duty by failing to investigate and mitigate unlimited GHG emissions and seeking orders requiring assessments and mitigation plans.
- At filing, the EIB and New Mexico statutory scheme (Air Quality Control Act) already regulated air quality and provided administrative procedures and avenues for public participation and direct appeals to the Court of Appeals from EIB actions.
- The district court granted summary judgment for the State, reasoning that public trust principles would apply only if the Legislature or agencies had ignored the atmosphere; here the Legislature established the statutory scheme and the EIB had considered GHG regulation and repealed rules after proceedings.
- The court of appeals affirmed, holding plaintiffs cannot use a separate common-law public trust cause of action to supplant the statutory administrative process and that separation-of-powers and the statutory review scheme preclude judicial imposition of independent public-trust regulation of GHGs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the common-law public trust doctrine apply to the atmosphere in New Mexico? | Public trust applies to atmosphere; courts should recognize atmosphere as a trust resource under Article XX, §21. | The constitutional duty is implemented by the Legislature and agencies; public trust principles are incorporated into statutory framework. | Court: Article XX, §21 recognizes the duty, but public-trust principles are implemented via statute; no independent common-law expansion to regulate atmosphere. |
| Can plaintiffs bring an independent common-law public-trust cause to force GHG regulation (bypass EIB/legislature)? | Courts should be able to hold hearings and order remedies independent of administrative process. | Allowing a separate cause would circumvent the Air Quality Control Act and statutory administrative scheme. | Court: No; a separate common-law cause would nullify the statutory process and is not permitted. |
| Does the Air Quality Control Act preclude common-law public-trust claims? | Plaintiffs contend common law provides alternate remedial route regardless of statutory scheme. | State argues the Act and EIB procedures cover the subject matter, so common law yields where statute governs. | Court: The common law yields to the statutory scheme; plaintiffs must use statutory/administrative mechanisms. |
| Do separation-of-powers concerns bar judicially imposing GHG regulation via public-trust doctrine? | Plaintiffs seek judicial relief on complex scientific/political issues; did not allege tainted process. | State says courts lack authority/expertise and would usurp legislative/administrative functions. | Court: Yes; separation-of-powers and practical concerns foreclose creating a judicial regulatory cause that supplants the EIB. |
Key Cases Cited
- PPL Montana, LLC v. Montana, 132 S. Ct. 1215 (2012) (public trust doctrine is matter of state law and states retain power to define its scope)
- State ex rel. Bliss v. Dority, 225 P.2d 1007 (N.M. 1950) (public waters owned by state as trustee for the people)
- Forest Guardians v. Powell, 24 P.3d 803 (N.M. Ct. App. 2001) (trust principles applied to lands and beneficiaries; standing limits)
- Beals v. Ares, 185 P. 780 (N.M. 1919) (common law yields to statute where they conflict)
- New Energy Econ., Inc. v. Shoobridge, 243 P.3d 746 (N.M. 2010) (relationship between administrative proceedings and declaratory relief governed by separation-of-powers)
- Smith v. City of Santa Fe, 171 P.3d 300 (N.M. 2007) (caution against declaratory actions that would circumvent administrative factfinding and statutory review)