According to a New Mexico clean energy group, Gov. Susana Martinez overstepped her bounds in halting the carbon reduction program early last week. The Environment Department requested the regulations not be published in the state Register and the state Administrative Law Division complied. The regulation would have required three-percent annual cuts in greenhouse gas emissions from sources like power plants.
Mariel Nanasi, Executive Director of New Energy Economy, told The Independent on Friday that this is illegal. While Martinez froze all pending and proposed regulations with an executive order on her first day in office, Nanasi says this was not proposed but already passed by the Environmental Improvement Board.
“There’s a whole myriad of legal ways to go around doing this,” Nanasi told The Independent. “But she can’t just bully an official and say ‘don’t do your job.’”
One way to challenge the law would be in the courts, according to Nanasi.
“Is she afraid of the courts?” Nanasi asked of the former district attorney. “Why wouldn’t she go through the regular legal process?”
Nanasi says that New Energy Economy will file a mandamus to the state Supreme Court. If granted, this would force Martinez to publish the rules passed by the EIB last month.
According to the New Mexico Business Weekly, Attorney General Gary King is reviewing whether or not the process in which Martinez halted the rule is legal.
The Independent was unable to reach Martinez spokesman Scott Darnell. Darnell did not respond to the New Mexico Business Weekly or the New York Times on the same subject.