NMELC, Current Cases.

NM Construction Industries Commission Repeal of Energy Efficient Building Codes

Location: Statewide

Opposing Parties:

Initiation Date: July 2011

Status: On-going

Clients/Partners: Sundancer Creations Custom Builders, Environment New Mexico, e-Solved, Inc., and several individuals

Attorneys: Douglas Meiklejohn


Appealing the repeal of three building codes and amendment of a fourth by the New Mexico Construction Industries Commission. The codes included the Energy Conservation Code adopted in 2010, would have required new construction to be 20% more energy efficient than was required previously. The codes were developed through a collaborative process that included the construction industry, public-interest groups, and regulators. In terms of conserving energy, these four codes were the best standards of their kind in the United States.

Latest News:

10/27/2014 - NMELC files petition with the NM Supreme Court to review Court of Appeals decision

09/25/2014 - Court of Appeals upholds Commission

04/09/2014 - Reply Brief filed

12/27/2013 - NMELC files new appeal.

07/15/2013 - NMELC files Docketing Statement in appeal.

05/30/2013 - The NM Court of Appeals issues orders on Request for Rehearing and Clarification, and Contempt Motion.

05/21/2013 - NMELC files Response to Notice of Completion.

05/20/2013 - May 22nd Court of Appeals hearing canceled.

05/13/2013 - New Mexico Court of Appeals sets hearing for Wednesday, May 22nd, 2013 at 2 pm in Albuquerque.

05/03/2013 - NMELC files response to the Appellees’ Motion for Rehearing and Clarification

04/11/2013 - NMELC files Motion in the Court of Appeals for an order holding the New Mexico Construction Industries Division in contempt for its failure to comply with the Court of Appeals’ April 4th order.

04/05/2013 - The NM Court of Appeals rules that the Construction Industries Commission’s June 10, 2011 adoption of the revisions to the building codes are to be rolled back to the codes that were in place previously. (Read press release)

05/09/2012 - NMELC files Appellant’s Final Reply Brief in building codes appeal.

01/19/2012 - NMELC files Appellant’s Brief in Chief.

07/11/2011 - NMELC files an appeal in the State Court of Appeals for its clients.

Case Files:

10/27/2014 - Petition for a Writ of Certiorari

04/09/2014 - Appellant’s Filed Reply Brief

12/27/2013 - Appellant’s Filed Brief in Chief

07/15/2013 - Filed Docketing Statement and Exhibits

06/13/2013 - Notice of Appeal and Exhibits

05/30/2013 - Court of Appeals’ Order on Rehearing and Clarification and Court of Appeals’ Order on Contempt Motion

05/20/2013 - Filed Response to Notice of Completion

05/13/2013 - NM Court of Appeals Notice of Hearing

05/03/2013 - Response to the Appellees’ Motion for Rehearing and Clarification

04/11/2013 - Motion for Order Holding NM Construction Industries Division in Contempt

04/05/2013 - NM Court of Appeals Decision

05/09/2012 - Appellant’s Final Reply Brief

01/19/2012 - Appellant’s Brief in Chief

07/11/2011 - NM Energy Conservation Code Notice of Appeal