Update on Efforts to Limit Greenhouse Gas Emissions
On April 6, 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. This alleged legal obstacle was raised by numerous companies and industry groups that benefit greatly from the current absence of any regulation of greenhouse gas emissions. Our Petition asks the EIB to adopt regulations designed to abate and prevent the air pollution caused by greenhouse gases (the NM Air Quality Control Act expressly authorizes the EIB to adopt regulations to abate and prevent air pollution).
“It seemed like a no-brainer, especially since EIB’s own lawyer agreed with us at the hearing and advised EIB that it had the authority to hear the Petition,“ reports Bruce Frederick, Law Center Staff Attorney and lead attorney on the case. Although the EIB in a 3-1 vote ultimately agreed to follow its lawyer’s advice, it had a surprisingly difficult time reaching this conclusion. Indeed, were it not for the multitude of individuals and groups who took time out from their busy schedule to provide public comment in favor of the Petition, the decision may have gone the other way or, alternatively, EIB may have deadlocked. Now that EIB has decided that it has jurisdiction to hear the Petition, the real work begins. Stay tuned for more developments.