Posted on 01/12/2011 2:45:42 PM PST by CedarDave
In a petition filed Tuesday with the state Supreme Court, New Energy Economy Inc. alleged that the administration circumvented the state's rule-making process and encroached on the powers of the Legislature and the state Court of Appeals.
The petition filed by the New Mexico Environmental Law Center asks the state's highest court to order the new regulation reinstated and order Martinez to stop interfering with the rule-making process.
Martinez's office did not respond to a request for comment on the petition.
Immediately after she took office on Jan. 1, the Republican governor ordered a 90-day hold on proposed or pending rules while a task force assesses their impact on business.
The petition says the greenhouse cap rule was already final — it had been adopted by the EIB on Dec. 6 and filed with the State Records Center on Dec. 27 — and therefore didn't fall under the suspension.
New Energy Economy also argues that the EIB has exclusive legal authority to adopt rules under the Air Quality Control Act. The administration didn't have the authority to halt the rule's publication — which makes it valid and enforceable — in the New Mexico Register, NEE said.
Martinez's office did not respond to a request for comment on the petition.
(Excerpt) Read more at abqjournal.com ...
NM list PING! Click on the flag to go to the NM FReeper message page.
(The NM list is available on my FR homepage for anyone to use. Let me know if you wish to be added or removed from the list. For ABQ Journal articles requiring a subscription, scroll down to the bottom of the page to view the article for free after watching a short video commercial.)
What’s the EIB? If it’s a state bureaucracy, just defund and disband it.
All states need to start pulling the plug on these eco-fascist bureaucracies.
I am sure it is like CARB in California
California Air Resources Board —Bad for business bad for California
The Environmental Improvement Board, a five-member board appointed by the governor that adopts environmental regulations (except water quality which are adopted by a different commission).
Okay, so appoint five different board members, stay all of the rules pending further review and then have the board resign. Bingo
Thanks for the info, CedarDave.
What are the chances of the NM legislature disbanding the EIB? And these bureaucrats shouldn’t be just disbanded. We need investigations of these eco-fascists.
I ask because patriots have taken over - completely - 25 state legislatures. I’m keeping track to see how much damage we can inflict on the leftist bureaucracies in these states. And there’s no bureaucracy in the states more vile and anti-business and anti-freedom than the leftists who infest state resource agencies.
I wonder... I fear.... that this is the first step in the ‘Plainization’ of ‘Our Susana’? The first of thousands of frivolous lawsuits by leftists who want to make it impossible for her to govern?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
