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New Mexico · Through 2025-06-20

12-12-16: Right of action; injunction; damages.

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Where this section sits in the code
  1. Chapter 12 - Miscellaneous Public Affairs Matters
  2. ARTICLE 12 Hazardous Materials Emergency Response

Whenever the attorney general of New Mexico, after complaint has been filed by any person alleging injury hereunder or upon his own initiative after investigation made, believes any supplier has violated, or is knowingly in violation of, the provisions of the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978], the attorney general shall bring an action to enjoin the violation in any district court of the state. Additionally, any person who shall be injured in his business or property by a violation of this act may bring an action to enjoin the violation and to recover all damages sustained thereby, including cost of suit and a reasonable attorney's fee, in any district court of the state. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the violation is found to be willful.

Collected 2026-09-03T15:02:19Z. Source file · JSON

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