The New Mexico Supreme Court ruled unanimously in favor of the environmental group New Energy Economy, allowing it to participate in future meetings with the Environmental Impact Board (EIB) over greenhouse gas regulations for public utilities.
The ruling does not affect the status of the appeal of the greenhouse gas regulations, it simply allows environmental groups to have a seat at the table for those appeals.
The Public Service Company of New Mexico (PNM) successfully appealed the state’s new cap-and-trade program approved towards the end of the Richardson administration, asking for private mediation with EIB. Critics of the private mediation charged that PNM and EIB were colluding, since Gov. Susana Martinez fired all of the EIB members who approved the rules.
The new governor opposes the greenhouse gas rules. The New Mexico Environmental Law Center appealed that ruling on behalf of NEE, eventually going all the way to the New Mexico Supreme Court.
“It’s about fairness. The nugget of the whole argument in this case is you can’t just have ‘one hand clapping,’” New Energy Economy head Mariel Nanasi told the AP.
The EIB is expected to decide Monday whether to hear appeals from PNM on the new rules.