Clean Air Stays on Track in New Mexico

Federal Appeals Court Rejects PNM's Attempt to Derail Clean up of Coal-fired San Juan Generating Station

Denver—Huge reductions in smog and haze forming pollution from the coal-fired San Juan Generating Station in New Mexico remained on course yesterday as a federal appeals court sided with WildEarth Guardians and the EPA and rejected a request by Public Service Company of New Mexico, also known as PNM, to stay a milestone clean air plan.

“We can all breathe a lot easier with this news,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director.  “It means PNM won’t get a pass to pollute and more importantly, it ensures we’ll get the air pollution cuts we need to protect our communities from dirty energy.”

Spurred by WildEarth Guardians’ legal efforts, in 2011 the U.S. Environmental Protection Agency finalized a long-overdue plan to slash haze forming nitrogen oxide emissions from PNM’s San Juan Generating Station by more than 80%.  The San Juan Generating Station, located 15 miles west of Farmington in northwestern New Mexico, is the fourth largest coal-fired power plant in the western United States.

Last fall, PNM filed suit in the 10th Circuit U.S. Court of Appeals in Denver to overturn the EPA’s clean air plan and asked the court to stay the rule.  Essentially an injunction, a stay would have prevented the clean air plan from being undertaken until the court issued a ruling.

In January, WildEarth Guardians, the EPA, and a coalition of other environmental interveners responded in opposition to PNM’s request for a stay, highlighting contradictions and inconsistencies in the company’s arguments, and highlighting the serious consequences to public health and the environment if a stay was granted.

Late yesterday, the 10th Circuit rejected PNM’s request for a stay in a short, yet straightforward ruling.

“Thankfully, the court sided with clean air,” said Nichols.  “Now it’s time for PNM to stop stalling and start getting serious about clean energy.”

Although the 10th Circuit will continue to review PNM’s lawsuit and likely issue a ruling in the next year, yesterday’s order signals that the lawsuit may be on shaky ground.


 

All active news articles