Panel reconsiders greenhouse gas rule
Weather stalls first day of hearing

Staci Matlock | The New Mexican
Posted: Monday, December 05, 2011
- 12/6/11
     
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Snow halted the first day of testimony in a hearing before New Mexico regulators where power utilities and the oil companies are seeking to repeal a rule capping statewide greenhouse gas emissions.

The rule was proposed by the nonprofit New Energy Economy, and approved in the waning days of the Richardson administration by the Environmental Improvement Board.

It is the second attempt to nix a greenhouse gas rule approved under the prior administration.

A coalition of businesses and others also asked the board to reconsider a rule proposed by the New Mexico Environment Department, establishing a greenhouse gas cap and trade program as part of a regional effort to reduce carbon dioxide emissions. That rule also was approved under the Richardson administration. Carbon dioxide emissions, largely from power plants and oil and gas developments, along with methane emissions, are thought by many climate scientists to be primarily responsible for recent global climate change.

Hearing on testimony in the request to repeal the proposed regional cap and trade rule was finished in November. A decision on that case is not expected until February or March.

The hearing on the nonprofit's proposed rule will continue at 9 a.m. Tuesday, weather permitting, at Apodaca Hall in the old PERA building at Paseo de Peralta and Old Santa Fe Trail. A decision by the board isn't likely until spring. Public comments will be accepted at 6:30 p.m. daily during the hearing.

Both the proposed greenhouse gas cap rule, and the state agency's proposed cap and trade rule were appealed to the state court earlier this year. The state and the petitioners — including Tri-State Generation, Public Service Company of New Mexico, the city of Farmington and others — agreed instead to hold a new hearing on both rules.

The hearings so far have largely included the same witnesses, testimony and information presented to the board previously.

What's different is the board is entirely new, all appointed by Gov. Susana Martinez, who has said she is not convinced climate change is caused by human activity.

The nonprofit group sought earlier to have three board members recused from the current hearing. Chairperson Deborah Peacock of Albuquerque declined to recuse herself. Board members James Casciano of Albuquerque and Greg Fulfer of Jal, did recuse themselves.

Tri-State and other petitioners have argued the greenhouse gas rules will cost New Mexicans jobs, increase utility bills and will make too small a dent in greenhouse gas emissions without a national policy.

Advocates for the rule say the industry's prediction of economic and financial problems due to the rules are "unfounded exaggerations" and say the state must do its part to reduce emissions in light of scientific evidence that climate change already is occurring.

Contact Staci Matlock at 986-3055 or smatlock@sfnewmexican.com.

IF YOU GO

What: Hearing to repeal greenhouse gas cap rule before the Environmental Improvement Board

When: 9 a.m. Tuesday

Where: Apodaca Hall, 1120 Paseo de Peralta, in the old PERA building on the corner of Paseo de Peralta and Old Santa Fe Trail.






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