ELR Citation: 42 ELR 20159
No(s). D-101-CV-2011-01514 (D.N.M. Jul 14, 2012) (Singleton)

A district court held that a minor may bring a climate change lawsuit against the state of New Mexico under the public trust doctrine. The minor made a substantive allegation that, notwithstanding statutes enacted by the New Mexico legislature that enable the state to set air quality standards, the process has gone astray and the state is ignoring the atmosphere with respect to greenhouse gas emissions. The court, however, dismissed claims based on the New Mexico legislature's failure to act with respect to the atmosphere.