The New Mexico Supreme Court ruled in a 5-0 decision Wednesday (Jan. 26) in favor of an environmental group that sued Gov. Susana Martinez, claiming the governor improperly requested the state’s records administrator to delay publishing rules regarding a statewide cap on greenhouse gas emissions.
Speaking for the court, Chief Justice Charles Daniels ruled state law is clear that once regulations are filed, the records administrator “does not second guess” their intent.
As a result of the ruling, the state records administrator is ordered to post the regulations — which were passed in the waning days of the term of former Gov. Bill Richardson – in the administrator’s next issue of rules publications. The decision also affects recently passed regulations on the state’s dairy industry.
The lawsuit was filed by representatives of an environmental group called the New Energy Economy, which spearheaded an effort to institute a statewide cap on greenhouse gas emissions that the state’s Environmental Improvement Board passed at its December meeting. It came on the heels of a November decision by the EIB that calls for New Mexico to take part in a regional cap and trade program.
Upon assuming office, Gov. Martinez called for a 90-day suspension of the regulations, which sparked the lawsuit. The governor has since fired all the members of the EIB, saying, “the majority of EIB members have made it clear that they are more interested in advancing political ideology than implementing common-sense policies.”
After the court ruling, Mariel Nanasi of the New Energy Economy claimed victory and took a shot at Gov. Martinez:
The governor’s attorney, Paul Kennedy, put the best spin on the verdict:
While the court sided unanimously with the plaintiffs, Chief Justice Daniels also said that Wednesday’s decision was limited in scope and did not extend to “the validity of these regulations,” which will almost certainly be tested legislatively and, most likely, in court.
Cap and trade boosters say the recently-passed measures are essential in the fight against climate change and say the New Mexico regulations can actually help, rather than hinder, the state’s economy.
Opponents say the regulations put the state’s oil and gas industries at a competitive disadvantage and hurt the state’s economy during a recession.
Later this afternoon, we’ll try to get a comment on camera from the Governor about today’s verdict.
