Court Rules Against Susana Martínez On Pollution Control Measures

Republican Gov. Susana Martinez outlines her legislative priorities to New Mexico's 112 lawmakers on Tuesday, Jan. 18, 2011 in Santa Fe, N.M. Martinez is reaching out to Democrats as the Legislature returns to work. Martinez used her State of the State speech Tuesday to call for a bipartisan approach to New Mexico's pressing problems, including a $400 million budget shortfall. (AP Photo/The New Mexican, Jane Phillips)

New Mexico Governor Susana Martínez was dealt an early loss in court after unsuccessfully trying to stop the publication of recently approved pollution control measures.

The New Mexico Supreme Court ruled in favor of environmental groups that want the rules published on greenhouse gas emissions. The administration argued that the rules needed to be reviewed first.

The New Mexico Environmental Law Center claimed in its lawsuit that the administration disregarded the law when it moved to halt the codification and printing of the greenhouse gas regulations, which were approved in December by state regulators. Without publication, the rules cannot take effect.

Martínez's office argued that it followed the law and that an executive order issued by the governor on her first day in office calling for a 90-day review of pending and proposed rules did not violate the legal requirement that the State Records Center publish the rules "in a timely manner."

"The governor's office is adhering to this requirement, while properly reviewing this regulation pursuant to the executive order," Martínez spokesman Scott Darnell told The Associated Press.

"The executive order does not seek to avoid or cancel publication, nor does it seek to amend or repeal the rule."

The Associated Press contributed to this report.

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