Sanders-Reed v. Martinez

The New Mexico Court of Appeals ruled that courts could not require the state to regulate greenhouse gas emissions based on a common law duty arising from the public trust doctrine. The ruling affirmed the 2013 trial court decision granting summary judgment to the state. The appellate court concluded that although the New Mexico constitution recognized a public trust obligation to protect natural resources, including the atmosphere, the obligation had been incorporated into and implemented by state constitutional and statutory provisions, including New Mexico’s Air Quality Control Act. Therefore, the plaintiffs could not use a separate common law cause of action to make their arguments regarding the state’s duty to protect the atmosphere. The appellate court noted that the plaintiffs had not appealed the New Mexico Environmental Improvement Board’s repeal of restrictions on greenhouse gas emissions; nor had the plaintiffs proposed other greenhouse gas regulations pursuant to Air Quality Control Act.

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The court ruled from the bench on June 26, 2013 that the public trust doctrine did not apply because the New Mexico Environmental Improvement Board had made findings that there was no need to regulate the state’s greenhouse gas emissions because that would have no impact on the issue of global warming or climate change. On July 4,2013, summary judgment was entered in favor of defendants. Plaintiffs filed a notice of appeal.

In May 2011, Our Children’s Trust, an environmental group, filed lawsuits and administrative petitions in several states, including New Mexico, requesting that the environmental agencies in these states adopt rules to reduce statewide greenhouse gas emissions from fossil fuels pursuant to the public trust doctrine. After the lawsuit was filed, New Mexico moved to dismiss. In a brief order, a state court denied the motion, holding that plaintiffs had made a substantive allegation that the state is ignoring the atmosphere with respect to greenhouse gas emissions.

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