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RESOLUTE WIND 1 v. PUBLIC REGULATION COM'N

No. S-1-SC-37320.

506 P.3d 346 (2022)

2022-NMSC-011

RESOLUTE WIND 1 LLC, Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, Appellee, and Lea County Electric Cooperative, Inc., and Western Farmers Electric Cooperative, Inc., Intervenors-Appellees. In the Matter of the Formal Complaint of Resolute Wind 1 Against Lea County Electric Cooperative, Inc. Case No. 18-00211-UT.

Supreme Court of New Mexico.

Filing Date: February 9, 2022.

Attorney(s) appearing for the Case

Jason Marks Law, LLC, Jason A. Marks , Albuquerque, NM, for Appellant.

Judith Ellen Amer , Associate General Counsel, Santa Fe, NM, for Appellee.

Newell Law Firm, LLC, Michael T. Newell , Lovington, NM, for Intervenor-Appellee Lea County Electric Cooperative, Inc.

The Law Office of Jamison Barkley, LLC, Jamison Barkley , Santa Fe, NM, for Intervenor-Appellee Western Farmers Electric Cooperative, Inc.

Charles F. Noble , Santa Fe, NM, for Amicus Curiae Coalition for Clean Affordable Energy.

Earthjustice, Sara Gersen , Los Angeles, CA, Robin L. Cooley , Denver, CO, David C. Bender , Madison, WI, for Amici Curiae Vote Solar, Sierra Club, Coalition for Clean Affordable Energy.

Virtue & Najjar, PC, Daniel A. Najjar , Carla Rossana Najjar , Santa Fe, NM, for Amicus Curiae New Mexico Rural Electric Cooperative Association.

OPINION

{1} This appeal turns on a familiar and straightforward legal principle: contested proceedings—whether judicial or, as in this case, administrative—are not susceptible to summary disposition in the face of disputed issues of material fact. The New Mexico Public Regulation Commission...

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