Earthworks' Oil & Gas Accountability Project v. New Mexico Oil Conservation Commission

OPINION

KENNEDY, Judge.

{1} Petitioners appeal the New Mexico Oil Conservation Commission’s (the Commission) order promulgating a 2013 version of 19.15.17NMAC (6/28/2013) (the2013 Rule), which is commonly referred to as the “Pit Rule.” Petitioners make three arguments. First, they contend that the Commission had no jurisdiction to create the 2013 Rule because a previous version of the rule was the subject of a pending appeal in the courts at the time the 2013 Rule was adopted. Second, Petitioners argue that the Commission’s decision to issue the 2013 Rule is arbitrary and capricious because it…