Legal Opinion

New Mexico Petroleum Marketers Ass'n v. New Mexico Environmental Improvement Board

New Mexico Court of Appeals

Decided April 2, 2007No. Nos. 24,841, 25,420PublishedCited by 8 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

{1} This case requires us to consider the validity of regulations adopted by the New Mexico Environmental Improvement Board (EIB) addressing violence against convenience store workers. We hold that the EIB had authority pursuant to the New Mexico Occupational Health and Safety Act (NMOHSA) to adopt regulations to protect convenience store workers from violence in the workplace; that the Legislature’s delegation of the authority to promulgate these regulations to the EIB does not violate the constitutional doctrine of separation of powers; and that the regulatory…

2Cases cited15 opinions

  1. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  2. Mistretta v. United StatesSupreme Court of the United States · 1989
  3. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  4. Boyce Motor Lines, Inc. v. United StatesSupreme Court of the United States · 1952
  5. Madrid v. St. Joseph HospitalNew Mexico Supreme Court · 1996

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3Cited by8 opinions

  1. Tri-State Generation & Transmission. Ass'n. v. D'AntonioNew Mexico Supreme Court · 2012
  2. State v. Jose S.New Mexico Court of Appeals · 2007
  3. State v. JOSE S.New Mexico Court of Appeals · 2007
  4. Ferebee v. HumeNew Mexico Court of Appeals · 2021
  5. Bd. of Comm'rs of Rio Arriba Cnty. v. Bd. of Comm'rs of Santa Fe Cnty.New Mexico Court of Appeals · 2019

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