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Thursday, January 14, 2010
Suit Aims at EIB Emissions Authority
By Michael Hartranft
Journal Staff Writer
New Mexico's Environmental Improvement Board lacks authority to unilaterally cap greenhouse gas emissions as proposed by a Santa Fe-based advocacy group, according to a lawsuit filed Wednesday by three lawmakers, utility companies and business and agricultural organizations.
The complaint, filed in state District Court in Lovington, seeks to stop the EIB from conducting further proceedings on a New Energy Economy petition to impose strict emission limits.
The seven-member board, which is appointed by the governor, determined last year it has the authority to move forward with hearings on the petition, which it plans this spring.
“The lawsuit makes a point that the EIB cannot issue regulations to limit greenhouse gas emissions without first establishing an ambient air quality standard. Currently there are no federal or state standards,” PNM spokesman Don Brown said.
John Fogarty of the New Energy Economy said there is no merit to the lawsuit and that the EIB has a mandate to protect air quality.
He noted the federal EPA's recent endangerment finding that greenhouse gases are “injurious” to the public's health.
His group's proposal calls for a reduction in greenhouse gas emissions to 25 percent below their 1990 levels by 2020.
Opponents claim the technology is unavailable to achieve such reductions, and because it would only apply to New Mexico, the measure would put the state at a severe economic disadvantage and greatly increase costs.
Other plaintiffs in the lawsuit are state Sens. Carroll Leavell, R-Jal, and Gay Kernan, R-Hobbs, and state Rep. Donald Bratton, R-Hobbs, the NM Oil and Gas Association, Dairy Producers of New Mexico, El Paso Electric, N.M. Rural Electric Cooperative Association, Tri-State Generation and Transmission, N.M. Farm & Livestock Bureau and the N.M. Petroleum Marketers Association.
Brown noted, “from PNM's perspective .... greenhouse gases are a national and global issue and should be addressed at those levels.”
Deborah Seligman with the Oil & Gas Association said the EIB is overstepping its authority and “we just felt we needed to do something before this goes too far.”
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