PNM and EIB Attempt Backdoor Deal to Repeal Carbon Pollution Reduction Law
SANTA FE, N.M. — The New Mexico Environmental Law Center (NMELC) filed an emergency motion today on behalf of its client, New Energy Economy, in New Mexico State Supreme Court. The emergency motion asks the Supreme Court to vacate recent decision by the Court of Appeals that sent the carbon pollution reduction law back to the Environmental Improvement Board (EIB). The motion asserts apparent collusion between the utility, PNM, and Governor Martinez’s EIB after the two parties settled a private negotiation agreeing that the EIB will hear PNM’s petition to repeal the carbon cap law.
“This move to circumvent the normal appellate review process is outrageous,” says Bruce Frederick, NMELC Staff Attorney. “PNM and the EIB basically agreed to cut the Court of Appeals out of the review process and just have the Martinez EIB repeal the Rule. I’ve never seen such collusion between a regulatory agency and a corporation it regulates.”
Get PDF of filed Emergency Motion to Vacate.
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
“This convoluted legal maneuvering indicates PNM is clearly attempting another backroom deal with Governor Martinez’s EIB to dismantle the carbon pollution reduction law,” said Mariel Nanasi, New Energy Economy’s Executive Director. “PNM is rightfully worried that the courts will not allow them to simply change a law and subvert the public interest without attention to the economic and scientific facts behind the law. New Mexico families and businesses deserve better than runaway electricity rate hikes, pollution rates among the highest in America and collusion behind closed doors.”
In addition to PNM, parties listed in the legal filings as opposed to the law include the New Mexico Oil and Gas Association, Independent Petroleum Association, El Paso Electric and Tri-State Generation and Transmission Association.
New Energy Economy and the New Mexico Environmental Law Center led a two-year public process that led to the creation of New Mexico’s landmark carbon reduction law. The rule requires facilities that emit more than 25,000 metric tons of carbon pollution per year to reduce these emissions by 3 percent per year from 2010 levels starting in 2013. The law has been lauded by national experts for its capacity to improve New Mexico’s energy security by means of predictability, market-based mechanisms and extensive compliance flexibility. An economic analysis released in February indicated the carbon pollution reduction law has the potential to add 17,500 family-supporting jobs in New Mexico’s electric sector and add more than $2 billion in total added economic value to New Mexico’s families and businesses.
INTERVIEWS AND IMAGES ARE AVAILABLE UPON REQUEST
Contacts:
Bruce Frederick
Staff Attorney
New Mexico Environmental Law Center
505-989-9022
Mariel Nanasi
Executive Director
New Energy Economy
505-469-4060
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