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Administrative Law Keyed to Schwartz
New Energy Economy Inc. v. Martinez
Citation:
247 P.3d 286 (2011)Facts
In December 2010, the Environmental Improvement Board adopted Regulation 20.2.100 NMAC after a two-year rulemaking process, and the Water Quality Control Commission adopted Regulation 20.6.6 NMAC after a year-long process. Both regulations were properly filed with the State Records Center and scheduled for publication in the January 14, 2011 New Mexico Register. On January 1, 2011, newly elected Governor Susana Martinez issued Executive Order 2011-001, suspending all proposed regulations under the Governor’s authority for a 90-day review period. The Acting Secretary of the Environment Department subsequently requested the Records Center delay publication of the two environmental regulations. The Records Center complied with this request despite the fact that neither the Governor nor the Secretary had authority over the EIB, WQCC, or Records Center, all of which were established by statute as independent entities. The petitioners, who had participated in the administrative rulemaking processes, sought a writ of mandamus to compel publication of the regulations.
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