NM Court Gives Green Light To Emissions Limits Suit

Law360, New York (September 11, 2009, 6:55 PM EDT) -- New Mexico's highest court has upheld a lower court's decision clearing the way for a group of lawmakers and auto dealers to challenge in federal court a state environmental board’s authority to implement stricter emissions laws on new vehicles sold in the state.

The New Mexico Supreme Court on Thursday affirmed a state appeals court's decision allowing the plaintiffs to bring a declaratory judgment action against the New Mexico Environmental Improvement Board instead of filing an administrative appeal.

The group — which includes three Democratic senators...
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