Category Archives: Opinions and Analysis

Copper Rule affirmed by New Mexico Court of Appeals

by Emil J. Kiehne Posted on April 9, 2015

Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission. … Continue reading →

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10th Circuit explains how not to handle an appeal

by Emil J. Kiehne Posted on March 27, 2015

Yesterday the Tenth Circuit issued a non-precedential order, written by Judge Neil Gorsuch, dismissing the appeal in Alejandre-Gallegos v. Holder, an immigration case. The order describes the remarkable conduct of appellant’s counsel, who apparently did not cite the record or any … Continue reading →

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NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

by Emil J. Kiehne Posted on March 19, 2015

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading →

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Public trust doctrine does not allow courts to second-guess greenhouse gas regulations

by Emil J. Kiehne Posted on March 18, 2015

The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading →

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NM court rejects man’s claim that neighbor’s use of wi-fi and cell phone harmed him

by Emil J. Kiehne Posted on March 6, 2015

The New Mexico Court of Appeals, in an opinion by Judge Jonathan Sutin, has decided Firstenberg v. Monribot, a case that has generated considerable attention in the news media and on some blogs. See here, here, and here. The plaintiff, Arthur Firstenberg, claims that … Continue reading →

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Some criticism of Mora County’s ordinance banning oil and gas drilling

by Emil J. Kiehne Posted on February 18, 2015

In the Weekly Standard, Joseph Bottum has written a story called “Fracking the Constitution: Secessionism on the Left,” which criticizes the Mora County ordinance banning oil and gas drilling. (Hat tip to Overlawyered). Among other things, the ordinance purports to deprive corporations … Continue reading →

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Cop-killer Michael Astorga’s convictions upheld by NM Supreme Court

by Emil J. Kiehne Posted on February 17, 2015

In March 2006, Michael Astorga shot Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop. On Friday, in an opinion by Justice Chavez, the New Mexico Supreme Court rejected Astorga’s arguments on appeal and upheld his conviction for first-degree … Continue reading →

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DWI lawyer Ron Bell prevails on appeal in his own DWI case

by Emil J. Kiehne Posted on September 11, 2014

Virtually everyone in Albuquerque has seen Ron Bell’s billboards and television commercials proclaiming his willingness to sue malefactors of all sorts; many of these include his catchphrase “I sue drunk drivers!” So some people experienced a fair amount of schadenfreude when Mr. Bell was arrested for … Continue reading →

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NM Court of Appeals: State may prosecute identity theft occurring entirely in other states, where victim is in New Mexico

by Emil J. Kiehne Posted on September 10, 2014

Christopher Allen was convicted of stealing the identity of a New Mexico resident, and using it to obtain an Arizona driver’s license, to rent cars in Arizona, Nevada, and Georgia, and provided the stolen identity as his own when he … Continue reading →

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NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits

by Emil J. Kiehne Posted on September 9, 2014

When a motion to disqualify a lawyer is filed, a court or administrative agency must decide that motion before allowing the lawyer to participate in any proceedings on the merits. That’s essentially what the New Mexico Supreme Court held yesterday … Continue reading →

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