New Mexico Environmental Law Center

New Mexico Greenhouse Gas Emission Cap

Location: Statewide

Opposing Parties:

Initiation Date: October 2008

Status: On-going

Clients/Partners: New Energy Economy

Attorneys: Bruce Frederick

Issues:

Appear before the NM Environmental Improvement Board to advocate for a reduction in New Mexico’s greenhouse gas emissions by 3% per year, beginning in 2012. (Go to case files)

Latest News:

02/16/2012 - NMELC files New Energy Economy’s Closing Argument in Opposition to Repeal of Carbon Cap Rule 100.

02/06/2012 - The New Mexico Environmental Improvement Board unanimously voted to repeal a statewide cap on carbon emissions.

01/06/2012 - NMELC files New Energy Economy’s Closing Argument in Opposition to Repeal of Cap & Trade Rule 350.

11/09/2011 - NMELC files New Energy Economy’s notice to present technical testimony.

10/13/2011 - NMELC files motions to strike pre-filed testimony, to admit prior sworn testimony, to admit stipulation and files notice to present technical testimony.

10/05/2011 - Motion filed to consolidate the appeals of the carbon reduction rules that are currently pending in the Court of Appeals.

09/14/2011 - Objection to Improper Hearing Procedures and Motion to Strike Parts of Petitioners’ Statement of Reasons filed

08/31/2011 - NMELC files Motions to Recuse EIB Board Members and Objections to Order Establishing Procedures.

07/29/2011 - NMELC files Motions to Establish Preliminary Briefing Schedule on Threshold Issues That Require Dismissal of Petition and Disqualification of the EIB.

06/29/2011 - NM Supreme Court will hear NEE Petition for Writ of Superintending Control.

06/20/2011 - NMELC filed Verified Emergency Petition for Writ of Superintending Control with NM Supreme Court regarding the Court of Appeals denial of NEE’s motion to intervene.

04/20/2011 - The NMELC filed motions on behalf of New Energy Economy to intervene in two pending appeals filed by PNM against the Environmental Improvement Board’s (EIB) adoption of the state’s carbon reduction rules.

01/26/2011 - New Mexico Supreme Court issues Writ of Mandamus to State Records Administrator ordering rules be printed.

01/13/2011 - The New Mexico Supreme Court will hear New Energy Economy’s petition for Writ of Mandamus on Wednesday, January 26, 2011, at 9:00 am.

01/11/2011 - The NMELC files petition in NM Supreme Court for Writ of Mandamus over Governor’s halt of printing of greenhouse gas rule.

12/27/2010 - The final version of the statewide greenhouse gas cap regulation, adopted by the Environmental Improvement Board earlier this month, was filed with the state register today.

12/06/2010 - New Mexico Environmental Improvement Board (EIB) adopted New Energy Economy’s statewide greenhouse gas cap rule in a 4 to 1 vote.

11/22/2010 - The NMELC files Petitioner’s Closing Argument in Support of Greenhouse Gas Cap Regulation.

10/05/2010 - New Mexico Environmental Improvement Board (EIB) concluded the hearing on petition. The Board will decide whether to adopt the proposed rule at an open meeting on December 6, 2010.

08/06/2010 - The NMELC files Petitioner’s Notice of Intent to Present Rebuttal Technical Testimony and Exhibits.

06/21/2010 - NM Environmental Improvement Board (EIB) voted to begin hearing technical testimony on our clients petition on August 16th.

06/07/2010 - New Mexico Supreme Court granted a Writ of Superintending Control which directs Judge Shoobridge of Lovington, NM, to dissolved the preliminary injunction he issued against the Environmental Improvement Board and to dismiss the complaint

05/24/2010 - New Mexico Supreme Court will hear oral arguments on June 7th regarding our client, New Energy Economy’s, petition regarding reversing a district judge’s decision that stopped the greenhouse gas emissions rulemaking.

05/19/2010 - New Mexico Supreme Court has ordered Judge Shoobridge and Plaintiffs to file a response in the greenhouse gas caps case by June 3rd.

05/14/2010 - The NMELC files a Petition with the New Mexico Supreme Court, asking the Court to order District Judge Shoobridge to reverse his decision which stopped a greenhouse gas emissions rulemaking.

04/13/2010 - District Judge Shoobridge ruled against our clients, New Energy Economy, by denying our Motion to Dismiss the challenge brought by a group of legislators and industry, and granting their preliminary injunction to stop proceedings by the Environmental Improvement Board (EIB) to cap greenhouse gas emissions.

04/01/2010 - Environmental Improvement Board’s Order on Motion to Strike Petitioner’s Technical Testimony filed.

03/17/2010 - NMELC files a Response to the Motion to Strike

03/02/2010 - The NMELC files Notice of Intent to Present Technical Testimony.

03/01/2010 - The New Mexico Environment Improvement Board (EIB) will hear public comment on the greenhouse gas cap regulations proposed by our client.

02/08/2010 - Law Center files Motion to Intervene and Motion to Dismiss for our clients in the suit brought against the Environmental Improvement Board’s authority to regulate greenhouse gas emissions.

01/13/2010 - “Suit could block state action on carbon emissions” New Mexico Business Weekly Read article

04/06/2009 - The State Environmental Improvement Board (EIB) decided it had statutory authority to hear the Petition to cap greenhouse gas emissions that we filed for New Energy Economy.

03/02/2009 - Hearing rescheduled for April 6, 2009.

12/23/2008 - Law Center Files Petition Requesting Statewide Limits on Greenhouse Gas Emissions to the State Environmental Improvement Board (EIB) on behalf New Energy Economy, calling on the state of New Mexico to reduce greenhouse gases to 25% below 1990 emission levels by 2020; to help avert the most severe impacts of global warming. The request for a hearing will be discussed at the January 5th meeting of the EIB.

Case Files:

02/16/2012 - Closing Argument in Opposition to Repeal of Carbon Cap Rule 100.

01/06/2012 - Closing Argument in Opposition to Repeal of Cap & Trade Rule 350.

11/09/2011 - New Energy Economy’s Notice to Present Technical Testimony.

10/13/2011 - Motion to Strike Petitioner’s Pre-Filed Testimony and NMED’s Pre-Filed Testimony. Motion to Admit Prior Sworn Cross-Examination Testimony of Petitioner’s Witnesses, Motion to Admit Sworn Testimony of the NMED, New Energy Economy’s Notice to Present Technical Testimony, and Motion to Admit Stipulation.

10/05/2011 - Motion to Consolidate Pending Appeals of the carbon reduction rules.

09/30/2011 - Reply to Petitioners’ Response to Motion to Strike Parts of Statement of Reasons and Reply to Petitioners’ Response to Objection to Improper Hearing Procedures

09/29/2011 - Motion to Vacate Court of Appeals Ordered Remand to EIB

09/14/2011 - Motion to Strike Parts of Petitioners’ Statement of Reasons and Objection to Improper Hearing Procedures.

08/31/2011 - Motion to Recuse Board Members Casciano, Fulfer and Peacock, Motion that EIB Board Members Fully Disclose Information Relating to Their Possible Bias, and Objections to Order Establishing Procedures.

07/29/2011 - Motion to Establish Preliminary Briefing Schedule on Threshold Issues That Require Dismissal of Petition and Disqualification of the Board regarding Rule 100 and regarding Rule 350.

06/29/2011 - NM Supreme Court order for response.

06/20/2011 - Petition filed with NM Supreme Court for Writ of Superintending Control.

04/20/2011 - Motion to intervene in PNM’s Appeal of NEE’s Greenhouse Gas Cap rule and Motion to Intervene in PNM’s Appeal of NMED’s Cap and Trade rule.

01/26/2011 - Writ of Mandamus.

01/13/2011 - NM Supreme Court Order and Notice of Scheduled Hearing.

01/11/2011 - Petition NM Supreme Court for Writ of Mandamus.

12/27/2010 - Final version of statewide greenhouse gas cap regulation.

11/22/2010 - Petitioner’s Closing Argument in Support of Regulation.

08/06/2010 - Petitioner’s Notice of Intent to Present Rebuttal Technical Testimony.