Description: Environmental group's attempt to participate in industry's appeal of greenhouse gas regulations.
New Energy Economy, Inc. v. Vanzi
Filing Date Type File Action Taken Summary 02/16/2012 Opinion Download Opinion issued ruling that New Energy Economy, Inc. was entitled to be party to appeal of greenhouse gas regulations. In a procedurally complex action, several nonprofit groups sought to participate in a proceeding challenging rules adopted by the New Mexico Environmental Improvement Board (EIB). Previously, New Energy Economy (NEE) petitioned the EIB to adopt a new rule, known as Rule 100, which cap greenhouse gas emissions from large power producers in the state. After the EIB adopted Rule 100 in December 2010, seven groups, including the New Mexico Public Service Commission (PSC) appealed EIB’s adoption of the rule. None of the parties who appealed the rule named NEE or any of the nonprofit groups as a party. In April 2011, NEE and the other nonprofits sought to intervene as a party in the appeal. The appellate court ordered mediation between EIB and PSC but denied the motions to intervene. Thus, the mediation included the seven groups opposing Rule 100 and the newly appointed members of EIB, now composed of members appointed by New Mexico Governor Susana Martinez, who publicly opposed the rule. After the mediation began, PSC and EIB requested that the proceeding be remanded to EIB for further proceedings. On remand, the seven groups opposing the rule filed a new petition with EIB, essentially taking the role of petitioners to rescind or amend Rule 100. The nonprofit groups filed an appeal with the New Mexico Supreme Court seeking a writ of superintending control to overturn the appellate court’s decision denying their motions to intervene. The court granted the motions, holding that the appellate court did not have discretion to deny the motions given that the groups were proper parties to the proceeding and participated in a legally sufficient manner. 07/27/2011 Order Order issued. The New Mexico Supreme Court upheld an appellate court decision concerning a rule adopted by the New Mexico Environmental Improvement Board (EIB) concerning greenhouse gas emissions. The appellate court had remanded the case to the EIB for resolution. The court also held, however, that an environmental group, New Energy Economy, had the right to intervene in the proceeding before the EIB to defend a the rule, which was adopted by the agency in December 2010 and required large producers of greenhouse gases in the state to reduce their emissions by 3% annually from 2010 levels. Several utilities appealed the rule. New Energy Economy had asked the New Mexico Supreme Court to stop the remand of the case back to the EIB because it claimed that the agency was allegedly colluding with the utilities to repeal the greenhouse gas regulations. 07/22/2011 Motion Download Emergency motion filed to vacate Court of Appeals order of remand.