January 26, 2024

Dan Lewis Bills Remain Unenforceable Until Court Determines Their Legality

Santa Fe—First Judicial District Judge Francis Mathew on Thursday, January 25, granted the Albuquerque-Bernalillo County Air Quality Control Board’s request for a preliminary injunction blocking the City of Albuquerque from implementing two bills that the Albuquerque City Council passed in December 2023 illegally removing City appointed members of the Air board and putting a moratorium on acting by the Board through February.

The ruling means that, until the Court rules on the issue of whether the City Council’’s actions interfering with the rulemaking were legal, the Board will essentially function as if the two bills never passed. Judge Mathews said in his review that he found no authority to allow for the City Council’s removal of appointed board members. In his ruling the Judge emphasized the high likelihood that the Board will be successful in its case against the City Council on the merits and noted that, in the absence of this injunction, he has concerns about allowing a situation to proceed that may be unlawful. …

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