NEW ENERGY ECONOMY, INC. v. VANZI

Nos. 33,074, 33,091, 33,102, 33,116.

274 P.3d 53 (2012)

2012-NMSC-005

NEW ENERGY ECONOMY, INC., Petitioner, v. Hon. Linda M. VANZI, New Mexico Court of Appeals Judge, Respondent, and Public Service Company of New Mexico and New Mexico Environmental Improvement Board, Real Parties in Interest. Amigos Bravos, League of Women Voters of New Mexico, and Center of Southwest Culture, Petitioners, v. Hon. Linda M. Vanzi, New Mexico Court of Appeals Judge, Respondent, and Public Service Company of New Mexico and New Mexico Environmental Improvement Board, Real Parties in Interest. Amigos Bravos, New Mexico Backcountry Hunters and Anglers, New Mexico Trout, New Mexico Wildlife Federation, and Wildearth Guardians, Petitioners, v. Hon. Linda M. Vanzi, New Mexico Court of Appeals Judge, Respondent, and New Mexico Cattle Growers Association, New Mexico Water Quality Control Commission, New Mexico Environment Department, New Mexico Energy, Minerals, and Natural Resources Department, and New Mexico Game and Fish Department, Real Parties in Interest. Mesquite Community Action Committee, Petitioner, v. Hon. Michael E. Vigil, New Mexico Court of Appeals Judge, Respondent, and Helena Chemical Company, Inc., New Mexico Environment Department, and Environmental Improvement Board, Real Parties in Interest.

Supreme Court of New Mexico.

February 16, 2012.


Attorney(s) appearing for the Case

Douglas Meiklejohn , R. Bruce Frederick , Santa Fe, NM, for Petitioner New Energy Economy, Inc.

Robin L. Cooley , Alison C. Flint , Denver, CO, for Petitioners Amigos Bravos, League of Women Voters of New Mexico, and Center of Southwest Culture.

Erik Schlenker-Goodrich , Taos, NM, Samantha Ruscavage-Barz , Santa Fe, NM, for Petitioners Amigos Bravos, New Mexico Backcountry Hunters and Anglers, New Mexico Trout, New Mexico Wildlife Federation, and WildEarth Guardians.

Douglas Meiklejohn , Eric D. Jantz , R. Bruce Frederick , Jonathan Mark Block , Santa Fe, NM, for Petitioner Mesquite Community Action Committee.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Respondents.

Patrick V. Apodaca, Sr. Vice President, General Counsel & Secretary, Carol Graebner, Deputy General Counsel, Albuquerque, NM, Brian J. Haverly , Robert H. Clark , Richard L. Alvidrez , Charlotte A. Lamont , Albuquerque, NM, for Real Party in Interest Public Service Company of New Mexico.

Gary K. King , Attorney General, Stephen A. Vigil , Assistant Attorney General, Santa Fe, NM, for Real Party in Interest New Mexico Environmental Improvement Board.

David L. Mathews , Albuquerque, NM, for Real Party in Interest New Mexico Cattle Growers Association.

Gary K. King , Attorney General, Zachary A. Shandler , Assistant Attorney General, Santa Fe, NM, for Real Party in Interest New Mexico Water Quality Control Commission.

Jackson Walker L.L.P., Robert L. Soza, Jr. , San Antonio, TX, The Simons Firm, L.L.P., Faith Lesley Kalman Reyes , Santa Fe, NM, for Real Party in Interest Helena Chemical Company, Inc.


OPINION

BOSSON, Justice.

{¶ 1} What level of participation in an administrative rule-making proceeding gives a participant the right to defend that new rule in an appellate court during a subsequent appeal? This Opinion answers that question based on the significance of participation in administrative proceedings by the four Petitioners in this case. The Court of Appeals denied appellee status to all four Petitioners, and the Petitioners...

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