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NEW ENERGY ECONOMY, INC. v. MARTINEZ

Nos. 32,806, 32,811.

247 P.3d 286 (2011)

2011 NMSC 006

NEW ENERGY ECONOMY, INC., Petitioner, v. Hon. Susana MARTINEZ, Governor of the State of New Mexico, F. David Martin, Secretary of the New Mexico Environment Department, and Sandra Jaramillo, New Mexico State Records Administrator, Respondents. Amigos Bravos, Caballo Concerned Citizens Group, Petitioners, v. Hon. Susana Martinez, Governor of the State of New Mexico, F. David Martin, Secretary of the New Mexico Environment Department, and Sandra Jaramillo, New Mexico State Records Administrator, Respondents.

Supreme Court of New Mexico.

February 17, 2011.

Attorney(s) appearing for the Case

New Mexico Environmental Law Center, Douglas Meiklejohn , R. Bruce Frederick , Eric D. Jantz , Jonathan Mark Block , Santa Fe, NM, for Petitioners.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, Kennedy & Han, P.C., Paul J. Kennedy , Albuquerque, NM, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Emil John Kiehne , William C. Scott , Albuquerque, NM, Peifer, Hanson & Mullins, P.A., Matthew R. Hoyt , Tiffany Elaine Dowell , Albuquerque, NM, for Respondents.

OPINION

CHÁVEZ, Justice.

{1} Does the State Records Administrator have a clear, indisputable, and mandatory duty to publish regulations1 filed with the State Records Center and Archives (Records Center) by the Environmental Improvement Board (EIB) and the Water Quality Control Commission (WQCC), despite a request by the Acting Secretary of the New Mexico Environment...

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