New Mexico’s climate change debate will arrive at the state Supreme Court Monday afternoon.
The Court will hear oral arguments about a Lovington district judge’s decision to halt the state Environmental Improvement Board‘s formulation of a cap on carbon emissions in New Mexico.
A group of state lawmakers, corporations and industry groups including the New Mexico Oil and Gas Association, El Paso Electric Company, New Mexico Rural Electric Cooperative Association, PNM, and New Mexico Petroleum Marketers Association brought the lawsuit in in January.
The Environmental Improvement Board and New Mexico Environmental Law Center appealed that decision and will ask the high court to reverse the injunction halting work on an emission cap. The lower court’s decision constituted judicial interference in an administrative process, the groups’ attorneys will argue. That was a violation of constitutional separations of power between the judicial and executive branches of state government, they will argue.
“The Law Center’s own Bruce Frederick will ask the justices to order a Lovington judge to stop interfering in the Environmental Improvement Board’s right to hear our climate change petition,” the Environmental Law Center website states. “But this case is now far more than a greenhouse gas case: the Lovington decision – if not thrown out – will not only kill our petition, but threatens the State’s process for considering all regulations (environmental and non-environmental) at the State level.”
The hearing will be at 1:30 p.m. Monday at the Supreme Court in Santa Fe.