New Mexico Governor-Elect Set to Battle Bureaucracy on Carbon Dioxide Restrictions

New Mexico Governor-elect Susana Martinez and the New Mexico Environmental Improvement Board – an unelected part of the state bureaucracy whose members were all appointed by outgoing Governor Bill Richardson (D) – are poised for a monumental battle shortly after Martinez takes office January 1. 

On Election Day, November 2, the Environmental Improvement Board (EIB) imposed cap-and-trade carbon dioxide restrictions on New Mexico power plants, becoming the first unelected state board to do so without legislative approval. The New Mexico legislature strongly opposes the cap-and-trade restrictions, as does Governor-elect Martinez. Field hearings on the proposed restrictions indicated public sentiment is also strongly against the cap-and-trade restrictions.

The EIB has been widely criticized as a kangaroo court that lacks political balance, refused to allow dissenting experts to testify in public hearings, and whose members were chosen by Richardson precisely because they favored circumventing the legislature on carbon dioxide restrictions. 

Both Martinez and her Democratic opponent, Diane Denish, voiced opposition during the gubernatorial campaign to EIB unilaterally imposing carbon dioxide restrictions on power generation in the state. Martinez vowed that within days of taking office she would issue a moratorium on EIB’s cap-and-trade restrictions and replace EIB members. 

As the Martinez inauguration nears, current EIB members are arguing that Martinez cannot undo the cap-and-trade restrictions they have approved.

“It’s a legal question that needs to be answered, but I would think that when something is law, you can’t just do something so simple as declaring a moratorium,” said EIB Chair Gay Dillingham.

Stay tuned, as this battle promises to be interesting.