[CedarDave]

The current article does not explain what happened and the headline reads like it was written by environmentalist bloggers. Here are links that explain why the court ruled as it did:

NM court orders publication of environmental rules (state Supreme Court)

Court: Governor can't delay anti-pollution measures. Records administrator ordered to publish rules in next register (from the Santa Fe "New Mexican")

The New Mexican article headline and story explain it best. In New Mexico, the legislature allows regulatory boards to adopt regulations subject to statutory limitations. Richardson's environmentalist-controlled environmental regulatory board adopted draconian air quality rules on carbon emissions just before he left office. The rules were scheduled to be published and become effective after Martinez took office. She ordered a delay in publication until the rules were reviewed by the new administration. The court said she couldn't do that -- the rules were adopted legally and the process (publication) could not be stopped by her.

What she did do was to fire four of the five members of the entire regulatory board and appoint new ones. They can hold hearings and undo what Richardson did. Also, there are bills in the legislature which would accomplish the same thing.

Here is the New Mexican's summary of where things stand:
While Wednesday's decision settles whether the regulations will be published, the rules' fate remains uncertain. Legislators have introduced bills in the 60-day session under way that would either roll back the regulations or change the way such rules are adopted. And utilities, industry groups and others intend to challenge the rules before the New Mexico Court of Appeals.

[CedarDave]

NM list PING! Click on the flag to go to the Free Republic New Mexico 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.)

[WOBBLY BOB]

thanks for posting that . I was looking for a factual article rather than a econutter press release.

[antiRepublicrat]

The current article does not explain what happened and the headline reads like it was written by environmentalist bloggers.

Thanks for the info. In my search, it seems most news about this was by environuts gloating over the ruling.

I say environuts because I do consider myself to be an environmentalist. I need something to differentiate true care for the environment and our place in it from socialist totalitarianism operating under the guise of environmentalism.

[bvw]

Thanks for the clarification. I thought such rules were NOT binding until officially published. How much leeway does a Chief Administrator have in delaying the publication of rules, and is that executive discretion reviewable?

[dblup]

re your explanation of the court decision

Thanks for the clarity.

If she can fire ‘em and reload, then NM will be back in business.

I gotta tell you I about had an infarction when I read the original posting. Part of it was the e-mail a friend of mine showed me from her mother who lives in NM. The mother was griping about the cold & power outages and, being a great blindered lefty, BLAMING HER COLD CONDO IN TAOS ON GOVERNOR SUSANA-—who has been in power, what, all of a month...sheesh...

Anyway again thanks for clearing things up.