New Mexico Chief Justice Charlie Daniels
Santa Fe nonprofit New Energy Economy won a victory in its fight to keep the state's carbon pollution reduction law in place today.
At the conclusion of a hearing at the state Supreme Court this morning, all five justices voted to let NEE intervene in an appeal filed by Public Service Company of New Mexico (PNM) against a decision by the former state Environmental Improvement Board. Last December, the old EIB, appointed by former Gov. Bill Richardson, adopted a carbon pollution reduction law requiring producers of more than 25,000 metric tons of carbon pollution per year to begin reducing carbon emissions by 3 percent yearly beginning in 2013. The new EIB appointed by Gov. Susana Martinez is expected to try to repeal the so-called "carbon cap" that NEE spent two years fighting for.
A total of eight lawyers were present at the hearing, in which the Attorney General's office and PNM lawyers argued NEE shouldn't have the right to intervene at this point.
The courtroom was standing room only, with latecomers filling the hallways. NEE is represented by Bruce Frederick of the New Mexico Environmental Law Center, and will now be a party in PNM's appeal case, fighting the carbon cap repeal.
