Clean Air In the News

    New Mexico is cruising into the legal fight over California's "clean car" program.
    The state and local air-quality boards voted about midnight Tuesday to enact strict low-emission standards for new cars and trucks.
    But the sweeping regulations already face a legal challenge from the auto industry and four state lawmakers. Their lawsuit— filed earlier Tuesday, before the regulations had been adopted— says the state Environmental Improvement Board lacks authority to adopt the regulations.
    If successful, the suit could result in the pollution regulations going before the Legislature next year.
    "The point is not whether those emission regulations are a good thing or a bad thing," said Victor Marshall, the plaintiffs' attorney. "The point is that we have a constitutional process for making law. It's called the Legislature."
    Adoption of the regulations also thrusts New Mexico into the national debate over how to address global warming and reduce smog. The U.S. Environmental Protection Agency generally gives states the authority to adopt California's more stringent pollution rules for cars and trucks or stick with the federal standards.
    The Environmental Improvement and Albuquerque-Bernalillo County Air Quality boards voted this week to enact the California program, joining about a dozen other states.
    Starting with 2011 models, new cars and trucks sold in New Mexico would be subject to stricter low-emission standards. Used cars and older models would be exempt.
    Gov. Bill Richardson and Mayor Martin Chávez backed the rules.
    Lauren Ketcham of Environment New Mexico said the regulations would "cut toxic air pollution, slash global warming emissions, reduce our dependence on oil and save New Mexico's drivers money at the pump."
    Global warming could reduce water supplies in New Mexico and cause economic problems, a recent study by state researchers said.
    The regulations have faced legal challenges around the country. The local suit was filed in Las Cruces and is pending in state court.
    Four lawmakers— Rep. George Hanosh, Sen. John Arthur Smith, Sen. Tim Jennings and Rep. Jim Trujillo, all Democrats— joined several auto dealers and a farmer to challenge the program.
    Marshall, a former state senator, said he hopes to have a hearing on the lawsuit in December. That could yield a legal decision in time for the Legislature to consider the issue in January if necessary, he said.
    The state and local air-quality agencies held two days of hearings in the Albuquerque Convention Center this week to consider technical and public testimony.
    The state environmental board voted 4-1 in favor of the regulations, and the city-county board voted 5-1 in favor. Both boards are appointed by elected officials.