New Mexico News Connection: Supreme Court: Martinez Not Above the Law

January 2011

Santa Fe, NM – The state Supreme Court today ruled against the Martinez administration, ordering it to publish new environmental rules. Governor Martinez had refused to publish the rules until they could be reviewed for up to 90 days. The high court ruled the governor had overstepped her authority and violated the separation of powers.

Governor Susana Martinez is not above the law – that from the state Supreme Court in a unanimous ruling Wednesday. The high court ordered the administration to publish two new sets of rules approved last year – one aimed at reducing greenhouse gas emissions and a second at controlling pollution from dairies. The Governor had ordered a 90-day delay on the publication of all new rules so that they could first be reviewed. Bruce Frederick is an attorney with the New Mexico Environmental Law Center, which brought the case against the Governor, “If she could have delayed it ninety days, then why not indefinitely? What the court said is that it’s not her call to make, it’s the records administrator and the records administrator has no discretion, she has to publish those regulations as soon as possible.”

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