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Press Release: NM State Supreme Court Rules in Favor of New Energy Economy

July 2011

Contact: Mariel Nanasi 505-469-4060

NM State Supreme Court Rules in Favor of New Energy Economy

Advocates Will Defend Carbon Pollution Reduction Law Against PNM Attacks

Santa Fe – In a unanimous decision, the New Mexico State Supreme Court granted nonprofit New Energy Economy the right to intervene in an appeal filed by PNM against the Environment Improvement Board (EIB). In its appeal, PNM, the state’s largest source of carbon pollution, is asking the Court of Appeals to invalidate New Mexico’s carbon pollution reduction law. PNM’s collaborators in this legal process include the New Mexico Oil and Gas Association, Independent Petroleum Association, El Paso Electric and Tri-State Generation and Transmission Association. The EIB adopted the law in December of 2010.

“We are pleased that the Supreme Court has ruled in our favor,” said Mariel Nanasi, Executive Director of New Energy Economy. “The Court’s decision upholds the rule of law against special interests and their lobbyists. We now look forward to defending the carbon pollution reduction rule based on its economic and scientific merits.”

In its questioning NM Supreme Court Chief Judge Daniels asked if “New Energy Economy is not allowed to intervene who is going to defend the Rule?” He was referring to the need for an “adversarial process” in the Appellate Court; otherwise he submitted there is “the environment vs. industry” but without New Energy Economy’s intervention it is like “one hand clapping.”

New Energy Economy is represented by attorney Bruce Frederick of the New Mexico Environmental Law Center. In January of this year, the State Supreme Court, ruling in favor of a New Energy Economy lawsuit, ruled that the Martinez administration acted unconstitutionally when it tried to prevent the publishing of the then carbon pollution reduction rule as codified state law. The Martinez Administration has had a dismal record before the NM Supreme Court.

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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