The New Energy Economy environmental group wants the state Court of Appeals to set aside an order enabling the Environmental Improvement Board to hear petitions to repeal greenhouse gas emission rules passed by the previous board.
NEE claims a joint motion of Public Service Company of New Mexico and the EIB, which asked the appellate court to send the case back to the EIB, was based on false premises. It contends PNM and EIB did not serve notice on NEE or other “proper” parties and that the motion was granted on the false assumption it was unopposed.
PNM and other industry groups filed appeals with the Court of Appeals of both an NEE-proposed greenhouse cap rule and cap-and-trade rule adopted by the EIB in 2010. After a mediation involving PNM and the EIB, which has all new members, the court remanded the case to the board, which will hear petitions to repeal the rules this fall.