Industry “Whiners” Succeed in Derailing Democracy… for Now
On April 13th, Judge William G. W. Shoobridge of Lovington, NM ruled against the New Mexico Environmental Improvement Board (EIB) and our client, New Energy Economy, by denying our Motions to Dismiss the complaint brought by a group of legislators and industry groups. In addition, Judge Shoobridge granted the plaintiffs’ request for a preliminary injunction to stop the EIB from considering our petition to cap greenhouse gas emissions until he decided a narrow legal issue regarding the Board’s authority.
Four state lawmakers, several business/industry groups, and our state’s utilities, including Public Service Company of New Mexico (PNM), filed a number of motions to derail the Board’s regulatory proceeding.
“This sets a dangerous precedent,“ states Bruce Frederick, Staff Attorney and lead counsel on the case.
Learn more about the New Mexico Greenhouse Gas Emission Caps case
“If this ruling stands unchallenged it will allow any person to stop any administrative proceeding in its tracks before the process is completed or even begun. It will also effectively prevent administrative agencies from performing their duties and clog the courts with premature litigation.“
“We have been delayed, but not deterred; we will continue to move ahead… and prove that solving global warming will catalyze job creation,“ observed John Fogarty, Executive Director, New Energy Economy.
Our clients are currently considering all options to reverse the Judge’s unfortunate decision.