Posted: 26 Jan 2011 02:25 PM PST
Essentially their supreme court said “no one is above the law.”
The lawsuit was filed by the environmental nonprofit New Energy Economy, and reflects growing claims that Gov. Martinez tried to suppress the rule in an attempt to appease major carbon polluters who contributed heavily to her gubernatorial campaign, and that her suppression was arbitrary and illegal. Preventing its publication was not discretionary, the court ruled. According to eyewitnesses, it seemed as if this New Mexico Supreme Court ruling took just 30 minutes to decide.
Since Governor Martinez is actually a former assistant state attorney, the illegality of her action brought up a question in my mind. I asked Mariel Nanasi, the Executive Director of NEE, wouldn’t she know that was illegal? Nanasi laughed as if this was obvious, saying; “pretty much any attorney in that position would know that this suppression was illegal.”
I also was interested to learn that it can be quite costly to the taxpayer for Governors to fight legal battles. Knowing in advance that it was illegal and therefor that she would lose, would seem to be like knowingly stiffing the taxpayer to no purpose.
So apparently Tea Party Governor Susana Martinez has knowingly racked up expensive legal time fighting an un-winnable attack on the climate bill in New Mexico – on the taxpayers dime. Or perhaps, the legal work is paid for by the energy industry, from the Koch Brothers, to local dirty utility PNN, that benefits from taking the clean energy legislation off track.
The Albuquerque Journal suggests that it is the utility’s ratepayers that are facing hikes to their bills to pay for these legal battles. But either way, it is the New Mexico taxpayer or PNN utility customer that is paying to fight a battle that the Governor knew she could not win.
As of now, both measures she tried to kill are back on track. New Mexico’s Climate Bill, like Massachusetts and California’s AB32, lowers greenhouse gases with polluter-paid incentives for clean energy development. It requires facilities that emit more than 25,000 metric tons of carbon pollution per year to reduce those emissions by 3% per year from 2010 levels starting in 2013.
New Mexico’s membership with California in the Western Climate Initiative cap and trade plan is also now on track. Of course there are more legal battles ahead, and ones she will enter, to fight for polluters, with better legal preparation, perhaps. But NEE has come this far already.
"We are prepared to continue fighting and winning against all challenges to New Mexico's carbon pollution reduction rule—the scientific and economic facts are clearly on our side," Nanasi said in an email. "We are pleased with the Supreme Court's ruling today and will redouble our efforts to transform this culture of litigation into a culture of investment in creating family-supporting jobs for New Mexicans, and an enduring legacy for future generations."
The small environmental group initially led a two-year public deliberation process that resulted in the carbon pollution reduction rule being adopted as official state law by the New Mexico Environmental Improvement Board, by an overwhelming majority vote.
"Governor Martinez attempted an end run around the constitution at the request of major polluters," said Bruce Frederick, staff attorney from the New Mexico Environmental Law Center, which filed the lawsuit on behalf of NEE.
"Her attempt to prevent the carbon pollution rule from becoming a valid state law is highly illegal and cannot be tolerated in a democratic society."
The back story on this bill:
Posted: 26 Jan 2011 11:00 AM PST
In what is considered to be a first in new materials science, a team of engineers at the Brookhaven and Los Alamos National Laboratories have created a light-absorbing material that efficiently generates charge and charge separation. What’s more, these “films” are transparent, making them perfect for windows. Soon, perhaps, your windows will be your main source of household power.
The thin film material is a blend of semiconducting polymer doped with fullerenes (a fullerene*, C6o, is an ordered, 60-sided, “spheric”, carbon structure). Under strictly controlled conditions, the concoction self-assembles into a regular pattern of micron-sized, hexagonal cells (see diagram below). The film thus “grows” to cover a relatively large area of several millimeters.
The next logical step in this pioneering effort is a large-scale patterning process to efficiently cover larger areas — such as a pane of glass. The honey-comb patterning and “packing” of the thin-film, manufacturing technique relies on the evaporative effects of water (the solvent) when combined with the polymer/fullerene solution. This evaporative effect of water on the polymer solution also determines the rate of charge transport through the material. Thus, also, water usage may become an issue for large scale production of these films.
Buckminsterfullerene C60 (top), “buckyball”, and carbon nanotubes (bottom) are two examples of structures in the fullerene family.
The material remains transparent because the polymer chains are most densely packed at the edges of the hexagons, with very low density packing in their centers, allowing ample light to pass through the tiny, geometrical structure.
Engineering team members are Mircea Cotlet, Ranjith Krishna Pai, and Zhihua Xu.
The research was conducted jointly at The Center for Functional Nanomaterials at Brookhaven National Laboratory and the Center for Integrated Nanotechnologies Gateway to Los Alamos facility. These are two of the five DOE Nanoscale Science Research Centers (NSRCs), our nation’s top user facilities for interdisciplinary research at the nanoscale.
The NSRCs constitute the largest infrastructure investment of the National Nanotechnology Initiative. The five NSRCs are located at DOE's Argonne, Brookhaven, Lawrence Berkeley, Oak Ridge, and Sandia and Los Alamos national laboratories.
Read more about this new material development (and manufacturing process) at Transparent Conductive Material Could Lead to Power-Generating Windows
*The fullerene takes its name from R. Buckminster Fuller, inventor of the geodesic dome and many other concepts, who predicted its existence years before its discovery; the predicted polyhedral (60 Carbon atom) structure was based upon his Synergetics system of geometry. Fuller took up the issue of sustainability, and long-term evolutionary utility, in his 1981 book Critical Path. He also coined the phrase “spaceship Earth”.
Top Image: Etan J. Tal; cc – by 3.0
Microscopy Images: the authors, DOE Broohaven/Los Alamos Laboratatories
|You are subscribed to email updates from CleanTechnica: Cleantech innovation news and views |
To stop receiving these emails, you may unsubscribe now.
|Email delivery powered by Google|
|Google Inc., 20 West Kinzie, Chicago IL USA 60610|