Ruling in Emissions Case Issued by Supreme Court in New Mexico
On 10.08.11, In Legal Industry, by Blake Houser
The Supreme Court of New Mexico on Wednesday removed the obstacle that prevented environmental groups from intervening in the ongoing legal battle over whether greenhouse gas emissions should be regulated by the state.
The lawyers for the groups stated that the unanimous decision of the justices guarantees that regulation advocates will have a place at the table should the courts have to decide the future of the carbon emission policies of the state.
Mariel Nanasi, the executive director of New Energy Economy, said, “It’s about fairness. The nugget of the whole argument in this case is you can’t just have one hand clapping.” The New Energy Economy is the group that initially filed the petition before state regulators, asking them to adopt the regulations.
Nanasi was referring to the comment made by Chief Justice Charles Daniels during the court arguments. The fairness of rulemaking and legal adjudication when only particular parties were involved was questioned by Daniels.
Greenhouse gas regulations opponents, which included utility companies, have recently filed their own petitions with the board asking it to repeal the rules. In the court documents that were filed last week, the New Energy Economy charged that there is a collusion between the opponents of the regulations and the state Environmental Improvement Board, alleging that they secretly met and talked about how to resolve the case.
A motion seeking to reverse an earlier decision made by the appellate court, which sent the case back to the regulators for review, was also addressed by the New Mexico Supreme Court.