NMELC Gains Another Victory in New Mexico Supreme Court

SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) gains another victory in New Mexico Supreme Court, when it won the right for its clients, New Energy Economy (NEE), to intervene as a full party in PNM’s appeal of the statewide carbon reduction rules.

The Supreme Court Justices announced that because New Energy Economy was named as a party in the previous proceedings with the Environmental Improvement Board (EIB), they should, by right, be granted party status in the current appeal.

Learn more about the New Mexico Greenhouse Gas Emission Cap case.

“This is a tremendous victory,” says Bruce Frederick, NMELC Staff Attorney representing New Energy Economy against PNM. “We knew that PNM wanted to repeal the rule and anticipated that the EIB would not defend the rule. It is essential that NEE be allowed to participate in the appeal as a party by right, and the Supreme Court agreed.”

Chief Justice Charles W. Daniels asked opposing counsel what party would argue the legitimacy of the carbon cap law if NEE wasn’t allowed to participate, and compared the result of that omission as “one hand clapping.”

The Court said it would lift its stay of the remand by the Court of Appeals but mentioned it considered the remand as more of an “abatement.”

PNM, and six other entities regulated by the EIB, appealed the highly contested state wide carbon cap rule in early January. PNM thereafter filed an unopposed motion to stay the appeal so that PNM and the EIB could engage in private mediation. The Court of Appeals granted the motion. The NMELC filed motions on behalf of its client, New Energy Economy, to intervene in the appeal but were denied, therefore NMELC brought the petition to the New Mexico Supreme Court.



Juana Colon
New Mexico Environmental Law Center
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Posted on 07/27/2011 • PermalinkBack to top

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