Suit could block NM action on carbon emissions

Local utilities, businesses and some state legislators said they filed a joint lawsuit Jan. 13 to challenge the state Environmental Improvement Board’s authority to regulate greenhouse gas emissions in New Mexico. In a news release, the group said it filed the suit in the Fifth Judicial District in Lea County to block any EIB efforts to impose a cap on greenhouse gases. New Energy Economy Inc. had filed a petition in December 2008 asking the EIB to unilaterally adopt regulations enforcing controls on emissions in New Mexico that would be stricter than caps in federal legislation being considered in Congress. The plaintiffs want the court to prohibit the EIB from acting on New Energy Economy’s proposal, arguing that the EIB has not been given authority by the New Mexico Legislature to consider rules or regulations related to greenhouse gas emissions, according to the group’s press release. In addition, even if the legislature had delegated authority, state law prohibits adoption of air quality regulations without first establishing applicable air quality standards. Neither the state nor the federal government has adopted an air quality standard for greenhouse gases, the group said...read more