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Press Release: New Mexico Supreme Court Orders EIB and PNM to Halt Actions

July 25, 2011

Contact: Mariel Nanasi 505-469-4060

New Mexico Supreme Court Orders EIB and PNM to Halt Actions

Ruling on Carbon Pollution Reduction Law to Come Wednesday

Santa Fe – The New Mexico State Supreme Court took forceful preemptive action today to halt machinations by Governor Martinez’s Environment Improvement Board (EIB) and PNM to repeal the state’s carbon pollution reduction law. The State Supreme Court will make further rulings on this matter at a hearing scheduled for Wednesday, July 27, 2011, 9am at 237 Don Gaspar Avenue in Santa Fe.

Before today’s action, the State Supreme Court had already agreed to hear a case in which New Energy Economy is seeking to intervene in an appeal filed by PNM before the Environment Improvement Board (EIB). In its appeal, PNM, the state’s largest source of carbon pollution, is asking the EIB to invalidate New Mexico’s carbon pollution reduction law.

In January of this year, the State Supreme Court, ruling in favor of a New Energy Economy lawsuit, asserted that the Martinez administration acted unconstitutionally when it tried to prevent the publishing of the then carbon pollution reduction rule as codified state law. This is the third time the NM Supreme Court has taken swift action to stop legal irregularities in this case.

New Energy Economy led a two-year public process that led to the creation of New Mexico’s landmark carbon reduction law. The rule 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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