FOREST GUARDIANS v. POWELL

No. 20,758.

24 P.3d 803 (2001)

130 N.M. 368

2001-NMCA-028

FOREST GUARDIANS, a nonprofit corporation; Southwest Environmental Center, a nonprofit corporation; Western Gamebird Alliance, a nonprofit corporation; Bridget Jacober, for herself, and on behalf of her minor children; Rich Atkinson, for himself, and on behalf of his minor children; Mary Lou Jones, for herself, and on behalf of her minor children; and Jeffrey Scott, for himself, and on behalf of his minor children, Plaintiffs-Appellants, v. Ray POWELL, in his official capacity as Commissioner of Public Lands; New Mexico State Land Office; and State of New Mexico, Defendants-Appellees, and New Mexico Cattle Growers Association, a nonprofit organization, on behalf of itself and its members; New Mexico Farm & Livestock Bureau, a nonprofit corporation, on behalf of itself and its members; and New Mexico Wool Growers, Inc., a nonprofit corporation, on behalf of itself and its members, Defendants/Intervenors-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied May 22, 2001.


Attorney(s) appearing for the Case

Steven C. Sugarman, Santa Fe, NM, James J. Tutchton, Earthlaw, Denver, CO, for Appellants.

Patricia A. Madrid, Attorney General, Katherine M. Moss, Ass't Attorney General, Santa Fe, NM, for Appellee State of New Mexico.

Kelly Brooks, Stephen G. Hughes, Special Ass't Attorneys General, New Mexico State Land Office, Santa Fe, NM, for Appellees Ray Powell and New Mexico State Land Office.

Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, NM, for Intervenors-Appellees.


Certiorari Denied, No. 26,915, May 22, 2001.

OPINION

PICKARD, Judge.

{1} This case presents us with an opportunity to revisit the issue of who, other than the state and federal attorneys general, has standing to sue to enforce the land trust provisions of the Enabling Act, an issue last addressed in Asplund v. Hannett, 31 N.M. 641, 249 P. 1074 (1926). Plaintiffs are a coalition of environmental conservation groups and parents of children...

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