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The Climate Litigation Database
Litigation

Leavell v. New Mexico Environmental Improvement Board

Date
2010
Geography
New Mexico
Part of
New Energy Economy, Inc. v. Shoobridge

About this case

Filing year
2010
Status
Order issued granting preliminary injunction.
Geography
Docket number
D-506-CV-201000050
Court/admin entity
United States → State Courts → N.M. Dist. Ct.
Case category
State Law Claims → Industry Lawsuits
Principal law
United States → State Law—Air Statutes
At issue
Challenge to state regulations for greenhouse gas emissions.

Documents

Filing Date
Type
Action Taken
Document
Summary
04/13/2010
Decision
Order issued granting preliminary injunction.
View
A New Mexico state court issued a preliminary injunction that halted state regulators’ plans for regulations to cap greenhouse gas emissions. The injunction was requested by a group representing New Mexico legislators, as well as business, agricultural, and other interests.
01/13/2010
Complaint
Complaint filed.
View
Plaintiffs, which included state legislators, businesses, agricultural interests, and others, filed a complaint seeking to stop state regulators from adopting a cap on greenhouse gas emissions, alleging that New Mexico’s Environmental Improvement Board lacked statutory authority to consider or adopt an emissions cap. In April 2009, the New Mexico Environmental Improvement Board voted to classify greenhouse gas emissions as air pollutants under the New Mexico Air Quality Control Act and make them subject to rulemaking by the Board. 

Summary

Challenge to state regulations for greenhouse gas emissions.