The Carbon Cap Push Back: Restraining Executive Abuse

by Doug Turner

Remember the summer of 2009, when the Obama administration tried to push through a cap and trade bill?  It passed the U.S. House, and it’s been sitting in the U.S. Senate ever since, where I expect it will stay.   In short, it failed to pass muster with federal leaders who perhaps recognized that its passage would be both detrimental to our limping economy and to their political futures if they supported it.

Fast forward to 2010.   New Mexico has decided to go it alone and unilaterally pass its own Cap and Trade program, making it the only state in the country to ignore the federal decision on this issue.  More specifically, NM Governor Bill Richardson and his lame-duck administration have decided to use administrative process alone to force through Cap and Trade, and even bypass our state legislature.

This is the second time the Richardson administration has ignored the legislative process to force through rules that cripple our state’s energy industries.  I’ve decided to do something about it.

To stop this abuse of executive authority, I filed a Temporary Restraining Order (TRO) on Monday, April 12th to stop the Governor and his crew.  The legal action requests a temporary restraining order against the administration, allowing the state legislature to consider the regulation in January 2011.

Following the federal failure to pass Cap and Trade, most states began to see the wisdom of re-evaluating cap and trade regulations.  Some involved in the Western Climate Initiative (WCI) are even backing out, largely because of the anticipated costs.  Arizona, citing the recession, has pulled out of the cap and trade emissions program involving several Western states and Canadian provinces. Utah is following suit: in February the state House voted to urge the governor to withdraw from the WCI.

In New Mexico, our current administration, which includes Lt. Governor Diane Denish, is fighting against the national will.  Our leaders continue to push through potentially unlawful and inane regulations that threaten to completely destroy our state’s fragile economy, despite the fact that the oil and gas, utility and extractive industries are the economic back-bone of our state.  Putting an end to this kind of madness is the reason I filed my restraining order and one of the reasons I’m running for Governor of New Mexico.

First, they forced through a regulation called the “pit rule” that has already forced many small oil and gas producers to move operations across state lines into Texas or Colorado.  A boon for surrounding states, but detrimental to our state. New Mexico’s treasury is currently feeling the effects of the pit rule. In the past, the state could depend on oil and gas royalties to keep the big spending going.  Now, those rigs have moved elsewhere, and citizens are finally feeling the financial impact of unnecessary special interest environmental regulations.

Second, an environmental group has called for a cap on greenhouse gas emissions. The Governor-appointed Environmental Improvement Board (EIB) is currently running a public hearing charade around the state on this petition.  It is a charade because the EIB chairman is a lobbyist for one of the very environmental groups seeking the petition.   Talk about conflict of interest.

The third blow to our energy industry now comes from yet another government agency.   In March, the state’s Environment Department (NMED) published proposed regulations that could establish an emissions cap and trade program without ever being subjected to legislative review and approval.   That’s right, whether voters like it or not, and whether our elected legislators like it or not, the Richardson/Denish Administration will still force through Cap and Trade.

With a decision due in June, the timing of this regulation does not give the citizens of New Mexico and interested groups enough time to consider such broad and sweeping regulations that will drastically affect the state’s economy. Keep in mind that Governor Richardson’s term ends on December 31. Obviously the clock is ticking on the Richardson/Denish administration to leave some environmental legacy on the state, at any cost.

Are you angry yet?  I am, and I’m just getting started.

On Monday when I showed up at the First Judicial District Court in Santa Fe to file the petition, the first judge refused to sign it.   The second judge also refused to sign it, but has granted a hearing scheduled for next week.

When people ask me, “isn’t this a political stunt?”  My straightforward answer is “yes.”  If that’s what it takes to bring attention to this issue, I’m okay with that. This injunction and this action is to stop a potential train wreck and the dictatorial abuse of administrative rule-making that circumvents the state’s legislative process.

We don’t allow it on a national level.  We didn’t allow it before 2003.  We shouldn’t allow it to happen here and now, either.


Email this to a friend | Print | Share on Facebook | | Bookmark and Share

Tags: , , , , , , , , ,
Posted Apr 14th 2010 at 10:39 am in Economics, Environment, Justice/Legal, Politics, State Politics | 78 Comments