Posted on 02/07/2011 11:48:48 AM PST by EBH
In a stunning blow to the inexperienced administration of GOP Governor Susana Martinez, the New Mexico Supreme Court ruled unanimously that Governor Martinez violated the state Constitution when she prevented a rule reducing carbon pollution from being published as codified state law. The lawsuit was filed by nonprofit New Energy Economy and reflects growing claims that Governor Martinez arbitrarily and illegally sought to suppress the rule.
The rule requires facilities that emit more than 25,000 metric tons of carbon pollution per year to reduce these emissions by 3% per year from 2010 levels starting in 2013. The rule aims to enable effective and economically efficient carbon pollution reduction that will spur job creation, investment, and innovation across New Mexico’s economy, particularly the energy sector. The rule also aims to increase jobs and revenue among oil and gas producers and boost momentum in the state’s emerging energy efficiency and renewable energy industries.
No jobs for you!
It will do none of these things. It will do the exact opposite of these things.....as it was designed to do..............
“Rule?” Was this “rule” passed by the legislature and signed by a governor or was it a creation of an executive branch agency? Can the governor overrule an agency under her control?
Pardon my ignorance, but it reads here as if the judiciary is requiring a rule issued by the executive to be treated as if it were proposed and passed by the legislature.
Do I have that right? If so, I don’t even want to fly over New Mexico.
So, now, in New Mexico, at least, ‘Rules’ promulgated by Bureaucratic Agencies have the same status as ‘Laws’ passed by the Legislative process....
“Government of the People, By the People..” just died by Judicial Fiat....
Since these so called “judges” are now using their political ideology to make their decisions, THE PEOPLE SHOULD BE ALLOWED TO DECIDE AT THE POLLS WHO GETS TO BE A JUDGE AND WHO DOESN’T! No more political nominations! It’s time for We the People to start electing these political bass turds!
EPA Federal Rules...authority granted to them by congress...
she should just fire them all, watch them holler in the streets outside their building as you put it up for sale.
“Government of the People, By the People..” just died by Judicial Fiat....
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It has been dead for a while. This is the obituary.
What part of the NM state constitution says We Will Rubber Stamp All Federal Orders?
The EPA issues a 'rule' and it is codified as LAW. Yep, happens all the time, but law making is reserved to congress, if you ascribe to that old, outdated US Constitution.
Congress delegated too much power, with too little thought, and no oversight to too many pinheads.
This governor should tell her Supremicist Court to bleep off....and remind the court that she, not they, can call out the National Guard.....
how is the political climate for impeachment?
It seems to have been issued by a state agency called the “Environmental Improvement Agency.” Regulations are usually issued to implement a law, but I was confused by the fact that here apparently agency regulations must be included in a law (and I wasn’t sure what law it was, although it does seem to have been at the state level).
Eh, just sequester the money that would be used to enforce the law until you can get it changed.
Take a breath...
“The court’s five justices are chosen by statewide election, or appointed by the Governor if to fill a seat that has become vacant mid-term; the justices in turn choose who among them will serve as Chief Justice. The second time they face popular election, they must first pass review by a judicial standards committee, and then face a retention election in which they must receive at least 57% of the vote.”
It looks like state law requires the publishing of any new rules, and the governor blocked their publishing. Think about it, it is undemocratic, legally the people are bound by those rules, but they haven’t been officially published. Not good.
Maybe the governor should have legally rescinded the rules instead of just preventing them from being published.
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