HJR 4 ENVIRONMENTAL RIGHTS, CA

Rep Joanne Ferrary

Actions: HPREF [2] HENRC/HJC-HENRC

Scheduled: Not Scheduled

 House Joint Resolution 4 (HJR 4) proposes to amend NM Const. Article 2 by adding a new section that provides the people of the state with environmental rights and directs the state, counties and municipalities to serve as trustees of the state’s natural resources for the benefit of all the people. 
 

 House Joint Resolution 4 (HJR 4) proposes to amend NM Const. Article 2 by adding a new section that provides the people of the state with environmental rights, including the right to clean and healthy air, water, soil and environments, a stable climate and self-sustaining ecosystems, and directs the state, counties and municipalities to serve as trustees of the natural resources of New Mexico for the benefit of all the people. It is self-executing and specifies that the provisions are enforceable against the state, counties and municipalities but prohibits the award of monetary damages.

If passed, HJR 4 will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose.

 

  NM Const. Article 20 section 21 grants the legislature the authority to control pollution and environmental “despoilment,” consistent with use and development of land for the maximum benefit of the people. The state has enacted regulatory provisions that include limitations on who may bring certain actions under the applicable environmental statutes. 
 

 HJR 4 duplicates SJR 6 and relates to SM 8.