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STATE EX REL. HANOSH v. STATE EX REL. KING

No. 31,363.

217 P.3d 100 (2009)

2009-NMSC-047

STATE of New Mexico ex rel. George J. HANOSH, John Arthur Smith, Timothy Z. Jennings, Jim R. Trujillo, Bender Dealer Group, Inc., a New Mexico corporation, Borman Motor Company Las Cruces, L.L.C., a New Mexico limited liability company, Desert Sun Motors, Inc., a Delaware corporation, Jack Key Motor Company, Inc., a New Mexico corporation, Jack Key Motor Company of Alamogordo, L.L.C., a New Mexico limited liability company, and Scott Pipkin, Plaintiffs-Respondents, v. STATE of New Mexico, ex rel., Gary K. KING, Attorney General, and New Mexico Environmental Improvement Board, Defendants-Petitioners.

Supreme Court of New Mexico.

September 10, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Tania Maestas, Assistant Attorney General, Santa Fe, NM, for Petitioners.

Victor R. Marshall & Associates, P.C., Victor R. Marshall, Albuquerque, NM, for Respondents.

New Mexico Environmental Law Center, R. Bruce Frederick, Santa Fe, NM, for Amicus Curiae New Mexico Physicians for Social Responsibility.

OPINION

BOSSON, Justice.

BACKGROUND

{1} Plaintiffs filed a complaint in district court seeking a declaratory judgment against the New Mexico Environmental Improvement Board (EIB). Plaintiffs argued that EIB lacked statutory authority under New Mexico law to promulgate certain regulations relating to automobile emissions. See 20.2.88.2 to 20.2.88.112 NMAC (12/31/2007) (adopting automobile emission standards for

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