Cibola Beacon: Court Grants Company to Join Appeal

July 2011

The New Mexico State Supreme Court agreed to hear a case filed by the New Mexico Environmental Law Center on behalf of its client, New Energy Economy. The NMELC filed an emergency petition asking the Supreme Court to review a Court of Appeals’ ruling that barred New Energy Economy from participating in an appeal filed by PNM. In its appeal, PNM is asking the Court of Appeals to invalidate New Mexico’s carbon pollution reduction law; which was adopted by the Environment Improvement Board in December of 2010. New Energy Economy and the New Mexico Environmental Law Center led a two-year public process that resulted in the creation of New Mexico’s landmark carbon cap law.

The rule requires facilities that emit more than 25,000 metric tons of carbon pollution per year to reduce these emissions by 3 percent per year from 2010 levels starting in 2013. The law has been lauded by national experts for its capacity to improve New Mexico’s energy security by means of predictability, market-based mechanisms and extensive compliance flexibility.

The Supreme Court has ordered that responses to this petition be filed with the court on or before July 11.

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