KOB 4 News (Albuquerque, NM) is reporting that more electric vehicles are heading to car dealerships across New Mexico. In a 3-2 vote, the New Mexico Environmental Improvement Board (“EIB”) has approved new state rules known as the Clean Car Standards (“CCS”). The CCS, which have been similarly adopted in 18 other states, require car manufacturers to deliver more zero-emission vehicles to car dealerships.
Under the CCS, 43% of all new vehicle deliveries in New Mexico must be electric or hybrid beginning in 2026 (except that only 15% of commercial trucks will be subject to this requirement). The number of required electric vehicles are scheduled to quickly increase each year before landing at 82% of new vehicles in 2031.
According to New Mexico Environment Department (“NMED”) Cabinet Secretary James Kenney, “[t]his is an important step forward for our climate and air quality goals, especially in environmental justice and frontline communities.”
Both the EIB and the Albuquerque-Bernalillo County Air Quality Control Board (“AQCB”) are comprised of appointed (unelected) members empowered to mandate legally-binding environmental regulations. The AQCB recently unanimously approved the CCS and has subsequently faced criticism during a recent Albuquerque City Council meeting.
The KOB 4 News article may be read HERE.
My brothers and sisters, as a former (now retired) NMED employee, I have testified before the EIB in matters concerning the approval of the New Mexico Solid Waste Rules and the New Mexico Recycling, Illegal Dumping and Scrap Tire Management Rules – which are legally binding statewide because they are promulgated upon existing statutes previously approved by the New Mexico Legislature (e.g., New Mexico Solid Waste Act, New Mexico Recycling and Illegal Dumping Act). This is how unelected boards, like the EIB, are authorized to approve, approve with changes or conditions, or deny proposed administrative rules, as they are based upon, subject to, and do not (in theory) exceed the authority or scope specified in the legislatively-approved statutes.
To the point in this matter, Governor Michelle Lujan Grisham, her administration and the NMED (among other state agencies) are surging ahead with electric vehicle rules and mandates as if it would be illogical to do otherwise.
The first question this writer has about the CCS is that on what legal basis can a state administrative rule compel private automobile manufacturing companies to make and deliver goods (in this case, vehicles) of a certain type and in a specified quantity to retail sellers? I thought that “free enterprise” (not government controlled manufacturing) was the cornerstone of the economy in a representative democracy such as the United States? I foresee litigation in the very near future.
As is being discussed nationally, there seems to be a lack of common sense in that most of the United States (geographically) is rural – as is most of New Mexico. There is also an underwhelming desire by most purchasers to own an electric vehicle, even if they could afford one.
Further, electric vehicle mandates will clearly have an impact on the trucking industry. As if COVID-19-related trucking and shipping issues didn’t affect consumer pricing, product availability and small business enough, wait until the United States trucking fleet begins to operate ultra-expensive and less efficient battery-driven semi-trucks, which in current designs: 1) hold less payload to make up for the extremely heavy batteries; 2) have greatly enhanced operating costs; and 3) require extended time to make long-haul trips because of battery drainage and the need to regularly stop to recharge the battery(ies) – assuming there is a nearby, functioning and timely available charging station. All of this will have the potential, if not the certainty, of substantially raising transportation costs.
Also to the point, if the Lujan Grisham administration has its way, the mandated use of electric vehicles to travel on long-distance trips may be very difficult, as there may or may not be sufficient, functioning and available charging stations when needed. In areas of the country with cold winter weather (that’s all of the country, at least sometimes), or where traffic jams occur due to evacuations prior to a hurricane, or when travel is required because of an unanticipated urgency or emergency (etc.), or when your apartment’s landlord forbids or restricts charging because of costs and overloaded electrical circuitry, the ability to travel even to work may be relegated to a good old-fashioned gasoline or diesel powered vehicle or you will be bicycling or walking!
As always, let’s pray that our local, state and national leaders seek the wisdom of the Lord and not the wisdom of man in deciding regulatory schemes. Our national security will be impacted by many of these environmentally-based statutes, rules, regulations and ordinances, and delayed or denied oil and gas drilling, production and refinery permits. No business or industry can be expected to simply cut 50% (or more) of its operations and then be expected to (as a matter of “graciousness”) continue operating at a loss. And, when our leaders realize there may have been a grave error, oil and gas operations can not simply be restarted with the flick of a switch.
There is much more that could be said (e.g., cost-effective and environmentally-safe infrastructure to recycle or dispose of all the used batteries and reuse of the related precious or rare metals, etc.), but this writer suggests that using ALL ENERGY sources to our maximum ability and for the good of the country, present and future, is what makes sense. Intentionally destroying the ability to use God-given fuel deposits, which have almost immeasurably improved the lives of millions and our standard of living worldwide for generations based upon unproven scientific global warming hypotheses and politically-driven ideologies, seems grossly unwise.
Romans 12:3 (Amplified Bible)
“For by the grace [of God] given to me I say to every one of you not to think more highly of himself [and of his importance and ability] than he ought to think; but to think so as to have sound judgment, as God has apportioned to each a degree of faith [and a purpose designed for service].”
James 1:5 (NKJV)
“If any of you lacks wisdom, let him ask of God, who gives to all liberally and without reproach, and it will be given to him.”
Praise Jesus forevermore!
