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.
History: 1953 Comp., § 65-10-6, enacted by Laws 1974, ch. 22, § 6; 1978 Comp., § 70-8-6, recompiled as § 12-12-16 by Laws 2005, ch. 22, § 4.
Recompilations. — Laws 2005, ch. 22, § 4 recompiled 70-8-6 NMSA 1978 as 12-12-16 NMSA 1978, effective July 1, 2005.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.
Structure New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 12 - Hazardous Materials Emergency Response
Section 12-12-1 - Short title.
Section 12-12-2 - Definitions.
Section 12-12-3 - Energy supply alert; energy emergency; powers of the governor.
Section 12-12-4 - Delegation; administration and enforcement.
Section 12-12-5 - Termination [of emergency or alert].
Section 12-12-6 - Legislative extension; reduction; suspension.
Section 12-12-7 - Penalties and enforcement.
Section 12-12-9 - Liberal interpretation.
Section 12-12-10 - Short title.
Section 12-12-11 - Purpose and findings.
Section 12-12-12 - Definitions.
Section 12-12-13 - Consent as a condition of doing business.
Section 12-12-14 - Prohibited acts.
Section 12-12-16 - Right of action; injunction; damages.
Section 12-12-17 - Short title.
Section 12-12-18 - Findings and purpose.
Section 12-12-19 - Definitions.
Section 12-12-23 - Hazardous materials emergency response administrator; created; duties.
Section 12-12-24 - Training officers.
Section 12-12-25 - Hazardous materials safety board; creation; duties.
Section 12-12-26 - Accident review; report.
Section 12-12-28 - Good Samaritan law.
Section 12-12-29 - Orphan material recovery fund established.
Section 12-12-30 - Cleanup of orphan hazardous materials; department recourse; appeal.