New Mexico Supreme Court Rules Energy Transition Act is Constitutional

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The New Mexico Supreme Court today rejected New Energy Economy’s challenges to the constitutionality of the Energy Transition Act (ETA) and upheld the New Mexico Public Regulation Commission (PRC) decision relating to the coal-fired San Juan Generating Station. These rulings end months of delays in sending transition funds to communities and issuing bonds that will reduce customer costs.

The court rejected all of the remaining challenges to the constitutionality of the ETA and concluded that the state legislature properly exercised its authority to set energy policy when enacting the legislation. The court also rejected challenges to the PRC decision to approve a financing order for the transition costs associated with the PNM decision to abandon its interest in the San Juan Generating Station.

“We are grateful that the ETA is continuing to empower communities toward clean energy and a new path forward with our economy. We need to continue to address climate change as we care for our communities and our sacred land, water and air,” Sr. Joan Brown, osf, Executive Director, New Mexico Interfaith Power and Light. 

Among the positive outcomes resulting from the Energy Transition Act in its first two years are:

  • Replacement of San Juan Generating Station coal with 100% solar and battery storage, providing $1 billion investment in impacted communities;
  • PNM relied on the ETA and the PRC’s rejection of gas in the San Juan case to propose a 100% solar and battery replacement for the power served by its expiring lease at Palo Verde nuclear plant;
  • PRC denied rate recovery for El Paso Electric’s proposal to expand Newman Gas Plant;
  • All investor-owned utilities in New Mexico are on track to provide 40% renewable energy supply by 2025; and to fully decarbonize their energy portfolios by 2045 or earlier;
  • Rate savings for customers resulting from the ETA’s low-cost financing of San Juan costs, and its renewable/battery replacement power, are millions less than what customers are paying today for those San Juan assets;
  • Millions of dollars in funding for transitioning workers and the communities impacted most by polluting coal will now be able to flow into communities.

Environmental, Community, Tribal, Faith Grassroots Groups Celebrate

“This decision is welcome news. It clears away the obstacles that were keeping support from flowing to communities like Farmington, which desperately need assistance to help in the transition to post-coal economies. That includes funding for innovative clean energy projects that will be such an important part of our rebuilding.” Mike Eisenfeld, Energy and Climate Program Manager, San Juan Citizens Alliance.

“NAVA Education Project thanks the New Mexico Supreme Court for making the decision today to affirm its constitutional responsibility to Navajo workers and communities by upholding the Energy Transition Act. Now that this legal barrier has been lifted, impacted communities will soon have access to the $40 million in Section 16 funding. This action will bring forward a strong diversified economy and emission-free electricity.” Joseph Hernandez, NAVA Education Project, Diné Energy Organizer.

“We are thankful that the New Mexico Supreme Court upheld the ETA. We want healthy communities and  economic opportunities that are not fossil fuels based. This decision is a step in the right direction to secure a healthier  future for our communities.”

Carol Davis, Executive Director, Diné C.A.R.E.\

“The Energy Transition Act has led to 100% solar and battery replacement of coal power, billion-dollar investments in frontline communities, savings for utility customers and rejection of gas plants and other dirty energy. Today’s Supreme Court ruling affirms the law and allows us to finally move forward on a just climate transition in New Mexico.”  Camilla Feibelman, Sierra Club – Rio Grande Chapter, Director.

“WRA is pleased the court has finally put to rest, and rejected, the bogus claims New Energy Economy made about the ETA. Unfortunately, NEE’s advocacy did not come without a cost to communities and workers, who had millions of dollars of important transition funds held up during the pendency of the appeal. The court’s decision now frees up this important funding for worker training and community assistance,” said Steve Michel, deputy director of Western Resource Advocates’ Clean Energy Program.

“This is a great victory for the New Mexico Energy Transition Act. Now all the promises that the ETA has can move forward and the much needed funding can be released to the Communities.  New Mexicans have waited too long for Environmental and Climate Justice to protect our New Mexico communities and our beloved and Sacred Land of Enchantment. Let the Energy Transition begin!” Terry A. Sloan, Director, Southwest Native Cultures.

“Today’s ruling affirms that the New Mexico state legislature can establish critical clean energy policies like the Energy Transition Act,” said Noah Long, Western climate and clean energy program director at NRDC (Natural Resources Defense Council). “This legislative session, our state leaders should go even further by speeding up our transition to clean energy, setting binding pollution limits for every sector, and ensuring job opportunities and utility bill savings for working families.”

“The ETA was nation leading when it passed, allocating real life resources for community transition away from fossil fuel sources.” said Conservation Voters New Mexico’s executive director Demis Foster. “The case against it delayed much-needed financial support for tribes, communities and workers in the transition from coal and brought uncertainty to clean energy projects. Now we can move ahead with building a zero emission economy for New Mexicans.”

“Today’s decision is an important milestone in our state’s transition away from fossil fuels and toward a clean energy future,” said Kyle Tisdel, Climate & Energy Program Director with Western Environmental Law Center. “It allows critical transition funding to start flowing into communities that have long-shouldered the burdens from a legacy of fossil fuel exploitation, while accelerating our ability to address the climate crisis.”

“We are grateful that the ETA is continuing to empower communities toward clean energy and a new path forward with our economy. We need to continue to address climate change as we care for our communities and our sacred land, water and air,” Sr. Joan Brown, osf, Executive Director, New Mexico Interfaith Power and Light. 

 

New Mexicans Testify at EPA Hearing: Joan Brown, OSF

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EPA Methane Pollution rules hearing statement, November 30, 2021

Joan Brown, Franciscan Sister and Executive Director, NM & El Paso Region  Interfaith Power & Light

My name is Joan Brown, I am a Franciscan Sister and Executive Director of New Mexico and El Paso Region Interfaith Power and Light living in Albuquerque.  Thank  you for this hearing and for putting forth rules that will address existing and new oil and gas facilities regarding methane.

I work with faith leaders and people of faith and conscience all over the state and we have been working to get strong methane rules for nearly 10 years. During this time we have worked in solidarity with frontline communities, where live many racially diverse people on the economic margins and they are disproportionatly suffering from health problems and the effects of climate change.

I have gone into the field with faith leaders where we wear air masks because the air is so bad. We have visited homes, including African American families in the Permian Basin who have foul air coming into their homes from nearby wells where there are violations we have seen with infrared cameras.

We need strong rules and we need them now. In 2015 at the UN Climate meeting Pope Francis said we were on a climate suicidal path.  We are still on that path, only it has gotten worse.  St. Francis of Assisi centuries ago wrote to civic leaders to care for the common good. All in leadership and regulatory agencies are still delegated to an ethical and moral standard to care for the common good and our Sacred Creation and Common Home.

We need these improvements:

  • Stronger regulations for unlit flares. We have experienced so many flares first hand.
  • More frequent inspections and oversight, this is something the frontline communities keep asking for
  • A ban on routine flaring and vigilance to keep out potential loopholes
  • Smaller facilities must be help accountable there is a cumulative effect to this pollution that does not know boundaries.

These elements would assist the health of frontline communities; help us address climate change; protect species and future generations.

Finally, I have been in the hospital the last week with my sister who is going on hospice. This has given me time to think about our Sacred Planet and community of life who are being put on hospice. People of faith and faith leaders in NM and the El Paso region are now wondering why they still need to show up and speak at hearings, try to work on legislation that does not seem to address the greatest ethical and moral challenge of our day, climate justice.  While they are still showing up they now state that they need to be hospice workers and chaplains for our dying planet, the grieving young people, the depressed many, and the species being extincted yearly.  Our work is to be of hope and life and yet now we are moving into hospice mode.

The book of Ecclesiastes says there is a time for every purpose under heaven. We have been in the time to take action for some time now.  We need strong rules and more.  Thank you for your work and peace this day.

Sister Joan Brown: Will we allow the spiritual wisdom of the young to lead us?

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Following is an excerpt of an opinion piece that Sister Joan Brown, executive director of New Mexico and El Paso Region Interfaith Power & Light wrote in the Gallup Independent.

“..while sometimes we feel despair heavy in the air from many fronts we also see around us signs of hope and spiritual wisdom to guide us. I believe our young people are great partners in our great spiritual work we are given in this time – to address climate justice and care Our Common Home.”

The young, who in recent years have strongly urged us to act, will only inherit the planet we choose to leave to them, based on the concrete choices we make today. – Pope Francis’ written message to world leaders at COP26, Nov. 2, 2021 The UN Glasgow climate meetings that just ended hold only a few bright spots of action forward to limit carbon reductions to address harm already happening. One of those lights that cannot be missed is the engagement of young people from around the world.

But, the question remains, will the world listen to the spiritual wisdom of the younger generations to care for Our Common Home and all living beings whose lives are at stake? 

Young people of many faith traditions were present the last two weeks in Glasgow and their pleas to reduce carbon by phasing out fossil fuels were heard in the streets and halls of the conference. Their words and banners focused on “loss and damage,” care for the forests, and hearing the voices of the most vulnerable countries and peoples.

Listening to their presentations to world leaders and the many videos they created and prayer services they spoke at, I was reminded of Jesus and the children. He commanded the disciples, the leaders around him, to “Let the little children come to me, and do not hinder them, for the kindom of heaven belongs to such as these.”

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