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New Mexico law

Environmental Laws in New Mexico.

New Mexico environmental law combines federal programs (RCRA, CERCLA, CWA, CAA) with state implementation through the New Mexico Environment Department (NMED). New Mexico's environmental practice is distinctive given the state's substantial oil and gas industry (Permian and San Juan Basins), uranium-mining legacy, national laboratory presence (Los Alamos, Sandia), significant Native American sovereign territory, and prior-appropriation water system. The Water Quality Act, Air Quality Control Act, and Hazardous Waste Act implement delegated programs.

Last verified: 2026-04-17

State law

Key New Mexico Statutes

Water Quality ActNMSA 1978 §§ 74-6-1 et seq.

Authorizes NMED to administer NPDES permitting (delegated CWA authority) and state water-quality programs.

Air Quality Control ActNMSA 1978 §§ 74-2-1 et seq.

Authorizes NMED to administer air-quality programs under delegated CAA authority. Includes significant oil-and-gas methane and ozone regulation.

Hazardous Waste ActNMSA 1978 §§ 74-4-1 et seq.

Regulates hazardous waste generation, transport, treatment, storage, and disposal under delegated RCRA authority.

Oil and Gas ActNMSA 1978 §§ 70-2-1 et seq.

Regulates oil and gas production through the Oil Conservation Division. Includes produced-water management and spill reporting. New Mexico is the #2 U.S. oil producer (Permian Basin).

Water Rights (Prior Appropriation)NMSA 1978 §§ 72-1-1 et seq.

New Mexico follows prior-appropriation water law ("first in time, first in right"). The State Engineer administers water rights. Significant Native American water rights claims under the Winters Doctrine.

Uranium Mining ReclamationNMSA 1978 §§ 69-25A-1 et seq.

Regulates uranium mining — a significant issue given legacy contamination on and near Pueblo and Navajo Nation lands.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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