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New Energy Economy and Allies Challenge the

Energy Transition Act

Supreme Court Case Seeks to Protect Power and Authority of Public Regulation Commission to Regulate PNM's electric monopoly on behalf of the ratepayers.


New Energy Economy, joined by other Co-Petitioners, has filed suit in the New Mexico Supreme Court challenging as unconstitutional sections of the Energy Transition Act (ETA) recently passed by the New Mexico legislature and signed into law by the Governor Michelle Lujan Grisham.

Once in a Lifetime Opportunity to Transition from San Juan Coal to Renewable Energy - not gas or more nuclear! 


In operation since 1973, SJGS consumes millions of tons in coal a year, and produced 1.7 million tons of coal ash in 2017 alone. Each year the plant discharges into the air approximately 100 million pounds of sulfur dioxide, 100 million pounds of nitrogen oxides (NOx), and 6 million pounds of soot, as well toxic mercury. San Juan Generating Station consumes 9.3 Billion gallons of water a year.

"We could not stand idly by and allow New Mexicans to be thrown under this 'omnibus' bill," said Mariel Nanasi, Executive Director for New Energy Economy. "While the much heralded centerpiece of this bill - expansion of our state’s renewable energy resources is critical and good for our future, the unconstitutional provisions dealing with coal plant decommissioning, abandonment, and undepreciated investments are unacceptable. We cannot allow ourselves to set the table for massive deregulation and ongoing corporate giveaways that would undermine the public interests for decades to come. Fortunately, the unconstitutional elements of the ETA that we now challenge, are distinct and severable from the beneficial renewable portfolio standard of the legislation under the law. Meaning, our suit invites the NM Supreme Court to cut out the cancer contained in this bill and allow the ETA operate cleanly in order to succeed in upholding the climate action principles that garnered it so much support from the environmental community during the 2019 legislative session."


CLICK HERE to read complete Supreme Court Filing.


CLICK HERE to read NEE Legal Memo & FAQ on the Supreme Court Challenge

Case Filed in New Mexico Supreme Court Challenges

Unconstitutional Provisions of the Energy Transition Act

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San Juan Generating Station

Our work for at SJGS for: Just Transition, cleaning up the toxic mess of coal ash, ending financial funny business, and the most cost effective path toward 100% Renewable Replacement Power. 


Read News about the San Juan Generating Station.


Four CornerS Power Plant

Our work at FCPP confronts: PNM's history of imprudent investment, corruption in the public regulatory process, New Mexico households being loaded with high electricity costs to benefit Wall Street.

Read News about the Four Corners Power Plant.

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COAL ASH: Hazardous to Life

Our work to study the future and current impacts of coal ash in the Four Corners region and intervene in the process to make certain tens of millions of tons of coal ash at the plants are cleaned up. 

READ more about Coal Ash at San Juan Generating Station

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