INDEPENDENT PETROLEUM ASSOCIATION v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

No. A-1-CA-40546.

INDEPENDENT PETROLEUM ASSOCIATION OF NEW MEXICO, Appellant, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee, and CLEAN AIR ADVOCATES, ENVIRONMENTAL DEFENSE FUND, CENTER FOR CIVIC POLICY, NAEVA f/k/a NAVA EDUCATION PROJECT, NATURAL RESOURCES DEFENSE COUNCIL, and NEW MEXICO ENVIRONMENT DEPARTMENT, Intervenors-Appellees. IN THE MATTER OF PROPOSED NEW REGULATION 20.2.50 NMAC OIL AND GAS SECTOR-OZONE PRECURSOR POLLUTANTS.

Court of Appeals of New Mexico.

Filed November 27, 2024.


Attorney(s) appearing for the Case

Montgomery & Andrews, P.A., Louis W. Rose, Kari E. Olson, Seth C. McMillan, Santa Fe, NM.

Mountain States Legal Foundation, Ivan London, Pro Hac Vice, Lakewood, CO, for Appellant.

Raúl Torrez, Attorney General, Santa Fe, NM, Emily Bowen, Assistant Attorney General Albuquerque, NM, for Appellees.

Western Environmental Law Center, Tannis Fox, Santa Fe, NM. deLone Law, Inc., Elizabeth Paranhos, Boulder, CO.

Baake Law, LLC, David R. Baake, Las Cruces, NM. University of New Mexico Law School Natural Resources and Environmental Law Clinic, Gabriel Pacyniak, Michelle Reitz, Clinical Law Student, Andy Lantz, Clinical Law Student, for Intervenors-Appellees Clean Air Advocates, Environmental Defense Fund, Center for Civic Policy, Naeva f/k/a NAVA Education Project, and Natural Resources Defense Council.

Andrew P. Knight, Assistant General Counsel, Albuquerque, NM, for Intervenor-Appellee New Mexico Environment Department.

Eric Ames, Durango, CO, for Amicus Curiae Center for Methane Emissions Solutions.


MEMORANDUM OPINION

{1} Independent Petroleum Association of New Mexico (Appellant) appeals the Environmental Improvement Board's (the Board) final order adopting 20.2.50 NMAC (Part 50), which regulates the emission of ozone precursors pursuant to NMSA 1978, Section 74-2-5(C) (2021). On appeal, Appellant...

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