Press Release: Advocates Want Carbon Law Fight Resolved in Court of Appeals

October 4, 2011

Contact: Mariel Nanasi 505-469-4060

Advocates Want Carbon Law Fight Resolved in Court of Appeals | New Energy Economy Files Motion to Unwind PNM’s Legal Maneuvering

Santa Fe – New Energy Economy filed a motion on September 29, 2011 in the New Mexico State Court of Appeals seeking to ensure that PNM’s controversial efforts to repeal the sate’s landmark carbon pollution reduction law are resolved in the Court of Appeals. In its September 29th filing, New Energy Economy claims that PNM misled the Court of Appeals in three ways when they requested that the carbon law case be sent back the EIB for resolution. First, PNM falsely claimed that its appeal to overturn the carbon law was unopposed. Second, PNM falsely claimed that the EIB would simply be continuing to hear an existing case, when in fact PNM initiated an entirely new case before the EIB. Third, PNM’s legal maneuvering will not, as they claim, conserve judicial resources. The first of these claims by PNM was rebuked by the State Supreme Court in July with a unanimous decision granting New Energy Economy the right to intervene in PNM’s attempted appeal to overturn the carbon pollution reduction law.

“PNM knows that the scientific and economic facts clearly support the state’s carbon pollution reduction law, so they are trying every trick, including misleading the courts, to undermine the public interest and repeal the law.” said Mariel Nanasi, Executive Director of New Energy Economy. “PNM’s unusual legal maneuverings shows contempt for the legal process and is an affront to the people of New Mexico.”

The New Mexico Environmental Law Center filed the motion today on behalf of New Energy Economy. In addition to PNM, parties listed in the legal filings as opposed to the law include the New Mexico Oil and Gas Association, Independent Petroleum Association, El Paso Electric and Tri-State Generation and Transmission Association.

New Energy Economy led a two-year public process that led to the creation of New Mexico’s landmark carbon pollution reduction law. The law 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. An economic analysis released in February indicated the carbon pollution reduction law has the potential to add 17,500 family-supporting jobs in New Mexico’s electric sector and add more than $2 billion in total added economic value to New Mexico’s families and businesses.

About New Energy Economy

New Energy Economy is a registered 501(c) (3) nonprofit organization established in 2004 to create economic opportunity in New Mexico with less carbon pollution and more clean energy. New Energy Economy works in partnership with diverse allies to encourage job growth, investment and innovation in a more efficient, sustainable and equitable energy sector. New Energy Economy grounds its work in the research and findings of the world’s leading scientific and technological authorities. Learn more at

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