Southwest Energy Efficiency Project v. New Mexico Construction Industries Commission

In late May 2013, the Court of Appeals denied the motion for contempt.

In late May 2013, the Court of Appeals also denied the Commission's motion for rehearing.

On May 15, 2013, the Commission again approved the revisions to the building codes.

On April 23, 2013, the New Mexico Court of Appeals issued an order for a rehearing.  The New Mexico Construction Industries Commission issued a press release on April 25, 2013 to announce the rehearing order, which the Commission indicated “has the effect of suspending the opinion of the court until its final determination.” The press release stated that it would continue to enforce the revised codes while a final decision by the Court of Appeals is pending.

On April 11, 2013, plaintiffs filed a motion seeking an order holding the Commission and the Governor of New Mexico in contempt for failing to comply with the court’s April 4, 2013 order. The motion alleged that since the court issued its order, the Commission and the Governor had twice announced that they intended to continue to enforce the building codes that the court had set aside.

In 2011, the New Mexico Construction Industries Commission adopted revisions to four building codes. The purpose of the revisions was to remove energy efficiency requirements that went beyond the 2009 International Energy Conservation Code. There was no discussion or deliberation about the revised codes at the meeting at which the revisions were adopted, and the Commission did not make any separate findings or orders. A number of organizations and individuals challenged the adoption of the revised codes. The New Mexico Court of Appeals set aside the revisions, ruling that the Commission had failed to state any reason for its adoption of the revised codes. The court directed the Commission to reconsider and revote on the revisions and to make a statement as to the rationale for its actions, preferably in written form.