New Mexico Business Weekly: New Mexico Supreme Court to Hear Appeals on CO2 Rules

July 2011

The New Mexico Supreme Court will hear two appeals Wednesday filed by New Energy Economy regarding carbon regulations that the state Environmental Improvement Board approved last year.

The appeals concern NEE’s right to intervene in a review of the carbon regulations by the state Court of Appeals and NEE efforts to block a Court of Appeals decision to remand the regulations to a newly constituted EIB.

Public Service Co. of New Mexico petitioned the Court of Appeals earlier this year to review the regulations, which require facilities that emit more than 25,000 metric tons of CO2 per year to begin reducing emissions in 2013 by 3 percent annually. That would affect PNM facilities, such as the coal-fired San Juan Generating Station near Farmington.

The state Court of Appeals accepted PNM’s request to review the regulations, but rejected a petition by NEE, a nonprofit organization promoting clean energy development, to intervene in the case. That prompted NEE to ask the Supreme Court to overturn the Court of Appeals’ decision blocking intervention.

The Supreme Court will hear that appeal Wednesday, said Douglas Meiklejohn, an attorney with the New Mexico Environmental Law Center, which is representing NEE.

NEE also requested July 22 that the Supreme Court reverse an order by the Court of Appeals to remand review of the carbon regulations to the EIB.

In its petition to the Supreme Court, NEE claims that PNM and the newly constituted EIB, whose members were appointed by Gov. Susana Martinez after she took office in January, “are in collusion to circumvent the normal appeal and review process,” possibly paving the way for reversal of the regulations.

To Continue Reading: New Mexico Supreme Court to Hear Appeals on CO2 Rules

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