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NM Supreme Court Overrules District Judge, EIB Will Continue Greenhouse Gas Proceedings

SANTA FE, N.M.— The New Mexico Supreme Court overruled a district judge’s decision Monday that stopped the Environmental Improvement Board (EIB) from considering a regulatory proposal to limit greenhouse gas emissions.  The Court ordered Judge William G. W. Shoobridge of Lovington, NM, to vacate his April decision that the EIB had no authority to consider the petition, to dissolve the preliminary injunction that halted the EIB proceedings, and to dismiss the case.

“This is a tremendous and deserved victory for democracy and the administration of justice in New Mexico,” stated Bruce Frederick, staff attorney of the New Mexico Environmental Law Center, representing New Energy Economy, a Santa Fe non-profit. “The Court’s ruling allows EIB to fully consider the scientific evidence and to learn about all issues surrounding climate change.  It also ensures the public will have a seat at the table.” Frederick argued before the Supreme Court, in a packed courtroom, that a Lovington District Court Judge had no jurisdiction or cause to stop EIB’s pending administrative proceeding. Eric Miller of the Attorney General’s Office represented the EIB and also argued that Judge Shoobridge’s decision should be overruled.

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06/08/2010 • Back to top


NM Supreme Court rules state may continue work on greenhouse gas emissions cap

“ ‘It’s great news,’ NEE and New Mexico Environmental Law Center lead attorney Bruce Frederick told The Independent. ‘It was nice to hear we still live in America. PNM and the oil companies tried to subvert the democratic process by getting a judge to violate the separation of powers doctrine and prevent the state from even considering a regulation. I think the issues were quite obvious, frankly.’ ” The New Mexico Independent

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06/08/2010 • Back to top


NM High Court to Hear Arguments in Emissions Case

“The [New Mexico] Environmental Law Center and New Energy Economy argue that the state Legislature created the board and authorized it to hold public hearings for the purpose of considering air pollution regulation and public welfare protection.”  Associated Press

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Background: Groups Challenge Big Industry’s “Home Court” Decision in Supreme Court

06/07/2010 • Back to top


NM High Court to Hear Arguments in Emissions Case

“The state Environmental Improvement Board and the New Mexico Environmental Law Center are asking the justices to order a district court judge in Lovington to reverse an earlier decision that halted the effort.” NewsWest9.com

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Background: Groups Challenge Big Industry’s “Home Court” Decision in Supreme Court

06/07/2010 • Back to top


From a Tiny Town, A Cautionary Tale for Environmental Advocates

“Douglas Meiklejohn…has ‘very serious concerns about the impact of this verdict.’ He said that ‘against somebody like Arturo Uribe with limited economic means,’ the $75,000 in punitive damages ‘sends quite a clear message to people in similar circumstances that if you speak out, you may very well get punished for it, and severely punished.’ ” Next American City

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06/04/2010 • Back to top


‘Water grab’ protesters unite

“Fredrick said at the time that he hoped to get the case thrown out on legal grounds. He said Augustin Plains Ranch doesn’t own the rights to the water it plans to pump, so the application is frivolous. ‘Basically they’re staking a claim, and you can’t do that under western water law,’ he said. ‘So, in my opinion, it’s defective on its face. We’re going to try to nip it in the bud on legal grounds before it gets to experts.’ ” El Defensor Chieftain

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Learn more about the San Augustin Plains Ranch water rights application case.

06/03/2010 • Back to top


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