Description: Challenge to state regulations for greenhouse gas emissions.
New Energy Economy, Inc. v. Shoobridge
Filing Date Type File Action Taken Summary 11/10/2010 Opinion Download Opinion issued requiring district court to dismiss complaint, dissolve preliminary injunction, and remand to agency. The New Mexico Supreme Court, reversing a lower court, held that a court may not intervene when the state legislature delegates authority to a state agency to promulgate rules and regulations before that agency has adopted such rules and regulations. 06/07/2010 Order Download Order issued vacating preliminary injunction. The New Mexico Supreme Court issued a ruling allowing the New Mexico Environmental Improvement Board to proceed with a rulemaking for greenhouse gas regulations. The court vacated a preliminary injunction issued in April 2010 by a lower court, holding that the injunction would harm the agency’s ability to do its job. The court remanded the case to the Board so it could resume public hearings on the proposed regulations.
Leavell v. New Mexico Environmental Improvement Board
Filing Date Type File Action Taken Summary 04/13/2010 Order Download Order issued granting preliminary injunction. A New Mexico state court issued a preliminary injunction that halted state regulators’ plans for regulations to cap greenhouse gas emissions. The injunction was requested by a group representing New Mexico legislators, as well as business, agricultural, and other interests. 01/13/2010 Complaint Download Complaint filed. Plaintiffs, which included state legislators, businesses, agricultural interests, and others, filed a complaint seeking to stop state regulators from adopting a cap on greenhouse gas emissions, alleging that New Mexico’s Environmental Improvement Board lacked statutory authority to consider or adopt an emissions cap. In April 2009, the New Mexico Environmental Improvement Board voted to classify greenhouse gas emissions as air pollutants under the New Mexico Air Quality Control Act and make them subject to rulemaking by the Board.