NEW ENERGY ECONOMY, INC. v. Martinez
149 N.M. 207
| N.M. | 2011Background
- EIB adopted Regulation 20.2.100 NMAC after a two-year rulemaking process and filed with the Records Center on December 27, 2010 for publication.
- WQCC adopted Regulation 20.6.6 NMAC for dairy discharges and filed with the Records Center on December 23, 2010 for publication.
- Governor Martinez issued Executive Order 2011-001 on January 1, 2011 suspending proposed rules for 90 days; Records Center was directed to suspend publication.
- Acting Secretary Solomon and others sought to suspend publication; the Records Center considered suspending but continued with filing actions planned for January 14, 2011.
- Petitioners sought mandamus to require publication; Respondents argued separation-of-powers limits and discretionary authority; Records Center argued it had ministerial duties.
- The court held Petitioners have standing, EIB/WQCC powers are independent of the Governor, the Records Center has a non-discretionary duty to publish, and Executive Order 2011-001 does not apply to these regulations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Records Administrator have a mandatory duty to publish regulations? | Petitioners claim Records Center must publish; duty is ministerial. | Governor/Secretary may delay under EO 2011-001 or discretion. | Yes; Records Center has a mandatory duty to publish. |
| Are EIB and WQCC powers independent of the Governor's authority? | Governor oversteps by interfering with independent boards. | Governor controls executive branch, including related rules. | Independent; EIB/WQCC powers are not subject to Secretary’s authority. |
| Does petitioners' standing exist under great public importance? | Standing is proper to vindicate public interest in separation of powers. | No special standing beyond ordinary interests. | Standing recognized under great public importance doctrine. |
| Does Executive Order 2011-001 apply to these regulations? | EO applies to all rulemaking within Governor's authority, suspending publication. | EO limited to Governor's authority. | EO does not apply to regulations issued by EIB/WQCC. |
| Did Records Center have discretion to delay publication after filing? | No discretion; filing schedules dictate publication. | Center could exercise discretion pending review. | Center lacked discretion; required to publish in January 14, 2011 issue. |
Key Cases Cited
- Johnson v. Vigil-Giron, 140 N.M. 667 (N.M. 2006) (mandamus to compel ministerial duties; standing under special circumstances)
- State ex rel. Four Corners Exploration Co. v. Walker, 292 P.2d 329 (N.M. 1952) (mandamus and ministerial acts; narrow discretionary review)
- State ex rel. Coll v. Johnson, 128 N.M. 154, 990 P.2d 1277 (N.M. 1999) (great public importance standing; separation of powers)
- State ex rel. Sego v. Kirkpatrick, 524 P.2d 975 (N.M. 1974) (standing for public-interest cases affecting government structure)