New Mexico

(information last updated Fall 2017)

Ongoing Projects:

Federal Project Operating in the State:

In 2013, EPA awarded a $59,818 Urban Waters Program grant to Amigos Bravos, a local conservation organization, to fund “community-based water quality monitoring” at the Valle de Oro National Wildlife Refuge.  See Urban Waters Small Grants, U.S. Envtl. Prot. Agency, https://www.epa.gov/urbanwaters/urban-waters-small-grants#newmexico (last visited Apr. 10, 2017).  The project aims to help MS4 permittees eliminate impairments on the Rio Grande.  See id.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  “Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land.”  N.M. Stat. Ann. § 30-14-1 (emphasis added); see also id. § 30-14-1.1.

 

Stalking Laws:

Criminal Laws:

“Stalking consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual.”  N.M. Stat. Ann. § 30-3A-3.

Use of Information:

Although our research is incomplete, these provisions could be construed to allow the use of information collected by citizens.

Explicitly Allows:

“Whenever, on the basis of any information, a constituent agency determines that a person has violated or is violating a requirement, regulation or water quality standard . . . the constituent agency may” take enforcement action.  N.M. Stat. Ann. § 74-6-10; see also N.M. Stat. Ann. § 74-2-12 (authorizing the use of “any information” in enforcement of the state’s Air Quality Control Act).

Evidentiary Standards:

Pleading a Claim:

Requires certification that “there is good ground to support” the claim.  N.M. R. Civ. P. 1-011.

Authentication or Chain of Custody:

 

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”  N.M. R. Evid. 11-901.

Expert Testimony:

Daubert standard, but only for scientific evidence.  See State v. Alberico, 861 P.2d 192, 194 (N.M. 1993).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.