Democracy for New Mexico: New Energy Economy Wins Party Status in Industry Appeal of Carbon Cap Rule

July 2011

The New Mexico Environmental Law Center (NMELC) announced that it gained another victory today in New Mexico Supreme Court, when it won the right for its clients, New Energy Economy (NEE), to intervene as a full party in PNM’s appeal of the statewide carbon reduction rules. The Supreme Court Justices announced that because New Energy Economy was named as a party in the previous proceedings with the Environmental Improvement Board (EIB), they should, by right, be granted party status in the current appeal.

“This is a tremendous victory,” said Bruce Frederick, NMELC Staff Attorney representing New Energy Economy against PNM. “We knew that PNM wanted to repeal the rule and anticipated that the EIB would not defend the rule. It is essential that NEE be allowed to participate in the appeal as a party by right, and the Supreme Court agreed.”

Chief Justice Charles W. Daniels asked opposing counsel what party would argue the legitimacy of the carbon cap law if NEE wasn’t allowed to participate, and compared the result of that omission as “one hand clapping.”

The Court said it would lift its stay of the remand by the Court of Appeals, but mentioned it considered the remand as more of an “abatement.”

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