The New Mexico Environmental Law Center sued Gov. Susana Martinez Tuesday in New Mexico Supreme Court after Martinez halted a carbon reduction program. NMELC, which filed the suit on behalf of New Energy Economy, petitioned the states’s high court for a writ of mandamus which would compel Martinez and New Mexico Environmental Department Secretary F. David Martin to publish the greenhouse gas regulation in the State Register.
This would put the regulation into effect in New Mexico.
“The Governor and her staff cannot disregard the law,” said NMELC staff attorney Bruce Frederick in a statement. “When the Board adopts a rule and files it with the State Records Center, the law requires the rule to be published in the State Register.”
Martinez halted the publication of the regulations last week. She had issued an executive order on her first day in office which froze all proposed and pending regulations. The carbon reduction plan had already been passed by the Environmental Improvement Board last year, and New Energy Economy and the New Mexico Environmental Law Center say it must go into effect.
“The greenhouse cap rule is ‘not a proposed or pending rule,’” Frederick said. “It is a final rule.”
Marial Nanasi, the Executive Director of New Energy Economy, told The Independent Friday that they would file suit against Martinez. Nanasi said that Martinez had bullied John Martinez, director of the Administrative Law Division, into not publishing the regulation.