New Energy Economy Inc. v. Martinez
Supreme Court of New Mexico
247 P.3d 286 (N.M. 2011)
New Mexico's Records Center was required by its own regulations to publish agency rules by set deadlines. The Environmental Improvement Board and the Water Quality Control Commission each timely filed environmental regulations that were scheduled for publication on January 14, 2011. After a newly elected Governor issued an executive order suspending pending rules for ninety days, the Acting Secretary of the Environment Department — who had no authority over either the Board or the Commission — asked the Records Center to suspend publication, and it complied. New Energy Economy Inc. (plaintiff) petitioned for a writ of mandamus against the Governor, the Secretary, and the State Records Administrator (defendants) to compel publication and to stop interference with the process.
Whether an administrative agency may deviate from a non-discretionary publication duty imposed by its own regulations based on a directive from an official who lacks authority over the issuing agencies.