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New Mexico Supreme Court: Governor Cannot Trump Law
Environmental Resource Center ^ | 2/7/11

Posted on 02/07/2011 11:48:48 AM PST by EBH

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1 posted on 02/07/2011 11:48:50 AM PST by EBH
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To: EBH

No jobs for you!


2 posted on 02/07/2011 11:49:51 AM PST by ponygirl
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To: EBH
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....increase jobs and revenue among oil and gas producers and boost momentum in the state’s emerging energy efficiency and renewable energy industries.

It will do none of these things. It will do the exact opposite of these things.....as it was designed to do..............

3 posted on 02/07/2011 11:52:13 AM PST by Red Badger (Whenever these vermin call you an 'idiot', you can be sure that you are doing something right.)
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To: EBH

“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?


4 posted on 02/07/2011 11:53:44 AM PST by freedom_forge (http://libertyphysics.wordpress.com/)
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To: EBH

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.


5 posted on 02/07/2011 11:53:53 AM PST by BelegStrongbow (St. Joseph, patron of fathers, pray for us!)
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To: EBH; CedarDave

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....


6 posted on 02/07/2011 11:53:53 AM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: EBH

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!


7 posted on 02/07/2011 11:54:12 AM PST by FlingWingFlyer (Why can't the Mexican government provide "a better life" for the illegal aliens? It's their job!)
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To: freedom_forge

EPA Federal Rules...authority granted to them by congress...


8 posted on 02/07/2011 11:55:22 AM PST by EBH ( Whether you eat your bread or see it vanish into a looter's stomach, is an absolute.)
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To: EBH

she should just fire them all, watch them holler in the streets outside their building as you put it up for sale.


9 posted on 02/07/2011 11:56:01 AM PST by dila813
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To: Uncle Ike

“Government of the People, By the People..” just died by Judicial Fiat....

*******************

It has been dead for a while. This is the obituary.


10 posted on 02/07/2011 11:56:34 AM PST by Psalm 144 (Voodoo Republicans - Don't read their lips. Watch their hands.)
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To: ponygirl

11 posted on 02/07/2011 11:59:13 AM PST by optiguy (Government does not solve problems; it subsidizes them.----- Ronald Reagan)
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To: EBH

What part of the NM state constitution says We Will Rubber Stamp All Federal Orders?


12 posted on 02/07/2011 11:59:31 AM PST by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: EBH
a rule reducing carbon pollution from being published as codified state law

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.

13 posted on 02/07/2011 12:00:02 PM PST by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda)
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To: EBH; All

This governor should tell her Supremicist Court to bleep off....and remind the court that she, not they, can call out the National Guard.....


14 posted on 02/07/2011 12:00:32 PM PST by UCFRoadWarrior (Newt Gingrich and Chris Matthews: Seperated at Birth??)
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To: EBH

how is the political climate for impeachment?


15 posted on 02/07/2011 12:04:23 PM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: freedom_forge

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).


16 posted on 02/07/2011 12:07:09 PM PST by livius
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To: EBH

Eh, just sequester the money that would be used to enforce the law until you can get it changed.


17 posted on 02/07/2011 12:11:42 PM PST by Seruzawa (If you agree with the French raise your hand - If you are French raise both hands.)
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To: EBH
I believe they are NM rules from the NM EPA.

From NMAC website

Simply put, rules are a special category of law written by state agencies to support, clarify, or implement specific laws enacted by the legislature called statutes. State rules can include building codes, air quality standards, tax codes, public assistance regulations, and public health regulations, to name but a few.

seems the NM legislature (as do most states and the US Congress) pass some laws with no guidelines\details.
18 posted on 02/07/2011 12:12:58 PM PST by stylin19a
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To: FlingWingFlyer

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.”


19 posted on 02/07/2011 12:17:51 PM PST by stormer
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To: BelegStrongbow

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.


20 posted on 02/07/2011 12:22:03 PM PST by antiRepublicrat
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