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Wednesday, September 17, 2008

Lawsuit on N.M. Auto Emissions Revived

By Barry Massey
Associated Press
       SANTA FE — New life has been given to a lawsuit challenging a state board's power to adopt tougher emissions standards for new vehicles in New Mexico.
    The state Court of Appeals revived the lawsuit Tuesday by ruling that a district court in Las Cruces had wrongly dismissed the case last year.
    Environment Secretary Ron Curry said Gov. Bill Richardson's administration "will fight this ruling.â��
    "We are clearly within our rights to regulate these types of emissions. It's the right thing to do for the protection of New Mexicans' health and to combat climate change,â�� Curry said in a statement.
    The state can ask the New Mexico Supreme Court to review the latest decision.
    A group of Democratic legislators, car dealers and a farmer challenged the power of the Environmental Improvement Board to adopt auto emission standards similar to those in California. Their lawsuit contended that the Legislature must change state law before the California standards could be approved.
    Last November, the state board and the Albuquerque-Bernalillo County Air Quality Control Board adopted the more stringent emission standards, which mandate cleaner-burning cars and trucks to help fight global warming. The requirements apply starting with 2011 model cars, which become available to consumers in 2010.
    Richardson had asked the board to adopt the California emissions standards as part of his administration's efforts to reduce greenhouse gases in New Mexico. The governor appoints board members.
    The lawsuit was brought as the board met to consider the emissions proposal. Initially, a judge was asked to block the board from adopting the emissions standards until the legal challenge over the board's power was resolved.
    District Judge Robert Robles dismissed the case. He concluded that a lawsuit seeking a declaratory judgment should not be used to challenge an administrative action such as the emissions standards.
    However, the Court of Appeals said "the present case does not involve the effect of EIB's adoption of the regulationsâ�� but instead the lawsuit focuses on a dispute over the scope of EIB's powers.
    Four Democratic lawmakers — Sen. John Arthur Smith of Deming, Sen. Timothy Jennings of Roswell, Rep. George Hanosch of Grants and Rep. Jim Trujillo of Santa Fe — joined in the lawsuit along with four car dealers from Clovis, Alamogordo and Las Cruces and Curry County farmer Scott Pipkin.
    The lawsuit contended that a state law prevented the board from adopting air quality regulations more stringent than federal air quality requirements.
    The standards apply to new vehicles sold in New Mexico — not used cars or new cars before the 2011 model year.

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