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· 10/31/2006

State of New Mexico v. General Electric

Citations

  • 467 F.3d 1223
  • 36 Envtl. L. Rep. (Envtl. Law Inst.) 20219
  • 63 ERC (BNA) 1225
  • 2006 U.S. App. LEXIS 26993
  • 2006 WL 3072590

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[T]he State as guardian of the public trust has no possessory interest in the sand, gravel, and other minerals that make up the aquifer—a necessary requisite to maintaining a trespass action.”
  • “the State as guardian of the public trust has no possessory interest in the sand, gravel, and other minerals that make up the aquifer—a necessary requisite to maintaining a trespass action”
  • “We have found no judicial authority, however, which suggests the doctrine of parens patriae provides a state substantive rights beyond those provided by the public trust doctrine in a case involving the contamination of a publicly-held natural resource.”
  • “[W]e view the [plaintiff’s] belated dismissal of its federal claims, only after the district court expressed skepticism over the validity of its damage calculation, as in all likelihood a manipulative tactic designed to achieve a remand to state court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McConnell, Anderson, Baldock

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.