MARBOB ENERGY CORP. v. OIL CONSERVATION COM'N

No. 30,710.

206 P.3d 135 (2009)

2009-NMSC-013

MARBOB ENERGY CORPORATION, a corporation, Petitioner-Petitioner, v. The NEW MEXICO OIL CONSERVATION COMMISSION, Respondent-Respondent.

Supreme Court of New Mexico.

March 11, 2009.


Attorney(s) appearing for the Case

Holland & Hart, L.L.P., William F. Carr, Larry J. Montaño, Ocean Munds-Dry, Kristina Elena Martinez, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, David K. Brooks, Special Assistant Attorney General, Santa Fe, NM, for Respondent.

Belin & Sugarman, Alletta D. Belin, Santa Fe, NM, for Amicus Curiae New Mexico Citizens for Clean Air & Water, Inc.


OPINION

CHÁVEZ, Chief Justice.

{1} The Oil Conservation Commission (the Commission) promulgated New Mexico Administrative Code regulation 19.15.14.1227 NMAC (12/1/08) (Rule 1227),1 giving itself and the Oil Conservation Division (the Division) the authority to assess civil penalties and impose other sanctions against any person who violates the Oil and Gas Act (the Act), NMSA 1978, Sections 70-2-1 to -38 (1935...

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