Court Reverses New Mexico Governor on Environmental Rules

[Judi Lynn]

Source: New York Times

January 26, 2011, 3:29 pm
Court Reverses New Mexico Governor on Environmental Rules
By FELICITY BARRINGER

http://graphics8.nytimes.com.nyud.net:8090/images/2011/01/26/business/susana/susana-articleInline.jpg

Associated Press
Gov. Susana Martinez

The New Mexico Supreme Court’s rebuke to Susana Martinez, the state’s new governor was blunt. “No one is above the law,” the state’s chief justice, Charles W. Daniels said Wednesday morning as he announced the high court’s decision to reinstate two environmental regulations that the governor had unilaterally blocked upon taking office earlier this month.

In a unanimous decision, the court ordered that the rules — one requiring annual 3 percent cuts in greenhouse gas emissions and another aimed at controlling waste discharges from the state’s dairies — must be published in the state’s register, which will make them effective. Governor Martinez had forbidden the register from publishing the rules.

Justice Daniels said that universal compliance with the law was essential, or “there will be a wasteland with no law.” The judge’s words were confirmed by two lawyers who attended the hearing.

The dairy industry had opposed a rule by the New Mexico Water Quality Commission requiring that all manure lagoons incorporate a synthetic liner as a barrier separating the nitrogen-rich manure from the ground to keep contaminants from leaching into the groundwater. Officials of the state’s environment department have estimated that two-thirds of such ponds have contaminated groundwater beneath them.



Read more: http://green.blogs.nytimes.com/2011/01/26/new-mexico-high-court-reverses-governor-on-environmental-rules/?partner=rss&emc=rss

[abq e streeter]

1. Great news....Susanna Martinez will at least now be slightly less of a disaster for New Mexico

Way to go Justice Daniels and NM Supreme Court... unanimous ... That's encouraging as well.

[Towlie]

2. “No one is above the law”? Great! When does her prison term begin?

Imagine if ordinary law violators were treated like law-breaking politicians:

"The court finds you guilty of breaking into a house and stealing $1000 worth of jewelry. The sentence is that you have to give the jewelry back. Then you can go about your business of continuing to flaunt the law."

[bongbong]

4. Two sets of laws

Never forget there are two sets of laws, with two caveats to the first point.

1) If you are in the Connected Class it is very, very innocent until proven beyond a shadow of a doubt you are guilty.
a) if you are Democrat in the Connected Class you can be guilty if a repig in the Connected Class wants you to be.
1) if you are a repig in the Connected Class found guilty, you appeal up to the SCOTUS, where you are found innocent.

2) If you are not in the Connected Class you are very, very guilty until proven innocent beyond any doubt.

[YDogg]

3. Wonderful news

[Warpy]

5. This screaming harpy had better get used to it

I knew she was going to be bad news with her first "honest Susana" TV spot. Then Palin came to campaign for her and gave me hope as the poll numbers crashed. Alas, it was too early in the season and Democrats stayed home at midterms and this COW got in.

I knew her term would be acrimonious. I just hope it's short, that we get rid of her in 2014 and get a Democrat back in.

[Dappleganger]

6. Republicans only agree with laws when it suits them...

yet somehow think the Constitution was divinely inspired and should be absolutely revered.

[rabs]

7. She is known as "Susana La Tejana"

Not even a native of New Mexico.

Born in El Paso. High school El Paso. University University of Texas El Paso. Law school University of Oklahoma. Website says she was born in Rio Grande Valley, but does not say in the Texas portion. Moved to Las Cruces in mid-1980s.

Was registered Democrat until 1995 when she switched to the Repugs.

Got oodles of campaign cash from Texas interests.


As for the NM dairy industry, it is going to cost them dearly to line the manure/waste- water ponds to keep the water table clean. (March 2010 figures: New Mexico has approximately 159 dairies, with the largest average herd size (2088) in the nation. New Mexico is currently ranked 7th in the nation for milk production and 8th in the nation for cheese production.)