Bernalillo County has announced that District Court Judge Francis Matthew issued a ruling granting a preliminary injunction on the Albuquerque Bernalillo Joint Air Quality Board, allowing the board to continue its operations.
This court ruling comes in response to a legal challenge initiated by board members who contested an ordinance and resolution passed by the Albuquerque City Council in December. Bernalillo County supported the Albuquerque Bernalillo Joint Air Quality Board by joining the lawsuit. The contentious legislation removed four city-appointed members and temporarily suspended their activities until February, according to a press release from Bernalillo County.
"We are in full support of the district court’s ruling and view it as a confirmation of the important work of the Air Quality Board," said Commission Chair Barbara Baca, as reported in a press release by Bernalillo County. "We anticipate a follow-up hearing to determine the legality of the actions of the city council."
Vice-Chair Eric Olivas also commented on the ruling, stating, "This ruling is an acknowledgement of the hard work and dedication of the volunteers that serve on the joint air board. The city and county appointees are subject matter experts who have taken a methodical fact-based approach to air quality regulation. This ruling reinforces the joint status of the board and the need for any changes to the makeup of the board and underlying ordinance must be mutually acceptable to both the city and county."
Baca further added that "the county continues to reach out to all stakeholders, including, of course, the City of Albuquerque."
The Albuquerque Bernalillo Air Quality Control Board operates under both New Mexico's Air Quality Control Act and federal Clean Air Act. Appointed volunteers jointly manage this board for both Albuquerque City and Bernalillo County with an aim to prevent or mitigate air pollution, according to information available on Albuquerque Bernalillo Joint Air Quality Board's webpage provided by Albuquerque City.
