How Far Will Politics Bend the Law Before it Breaks the Law?
FOR IMMEDIATE RELEASE
Friday, January 06, 2012
SANTA FE, N.M. - Today, the New Mexico Environmental Law Center (NMELC) filed closing arguments for its client, New Energy Economy (NEE), in opposition to the repeal of the carbon cap and trade rule before the Environmental Improvement Board (EIB).
NMELC argued that the EIB cannot repeal the rule (also called Rule 350) because nothing’s changed since it was adopted. The parties seeking repeal presented no new evidence, because there is none.
According to Bruce Frederick, NMELC Staff Attorney, “In 2010, EIB commenced a formal proceeding, very much like a trial, and only adopted Rule 350 after hearing hundreds of hours of sworn expert testimony, both on direct and cross examination by a dozen lawyers. This year, at substantial waste of time and taxpayer money, the EIB reheard the same testimony. The only difference between the prior proceeding and this is the politics and membership of the EIB. But under the law that’s not a legitimate reason to repeal a rule. Repeal requires new evidence, which simply does not exist. If the EIB reverses itself and now repeals Rule 350, it will be acting arbitrarily and should be reversed on appeal.”
“Martinez promised to cut waste. But she has done the opposite,” says Mariel Nanasi, NEE Executive Director. “She wasted tax payer money to protect the polluters. Rather than holding the polluters accountable and protecting New Mexicans, Martinez turned her back on our families.”
“The New Mexico Environment Department (NMED) urged the EIB to adopt Rule 350 in 2010. This year, due solely to the election of Governor Martinez, the NMED reversed itself and advocated for repeal of the same Rule that it had developed, drafted and supported. But,” says Frederick, “the NMED’s efforts last year were not in vain. Our arguments against repeal of Rule 350 this year are identical to the solid arguments that NMED made last year in support of Rule 350. ”
The EIB is scheduled to deliberate and decide whether to repeal Rule 350 on February 7th.
INTERVIEWS AND IMAGES ARE AVAILABLE UPON REQUEST
Contacts:
Mariel Nanasi
Executive Director
New Energy Economy
505-469-4060
Bruce Frederick,
Staff Attorney
New Mexico Environmental Law Center
505-989-9022, ext. 26
The mission of the New Mexico Environmental Law Center is to protect New Mexico’s natural environment and achieve environmental justice for New Mexico’s communities through legal representation, policy advocacy and public education. The New Mexico Environmental Law Center’s attorneys have handled over 100 critical cases in low-income and minority communities fighting pollution and environmental degradation. The NMELC charges few, if any, fees to its clients, most of who are from Hispanic and Native American communities. The NMELC celebrated its 20th anniversary in 2008. Membership and gifts help New Mexico communities protect their natural environment and their health from toxic pollution, the degrading effects of growth and liabilities created by irresponsible mining.
New Energy Economy is a registered 501(c) (3) nonprofit organization established in 2004 to create economic opportunity in New Mexico with less carbon pollution and more clean energy. New Energy Economy works in partnership with diverse allies to encourage job growth, investment and innovation in a more efficient, sustainable and equitable energy sector. New Energy Economy grounds its work in the research and findings of the world’s leading scientific and technological authorities. Learn more at http://www.newenergyeconomy.org
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