By Marita Noon
Guest columnist
Published Friday, August 6, 2010 9:48 AM MDT

Arizona has been discouraged from following through with a state-enforced immigration law; yet New Mexico thinks it can push through its own carbon cap regulations in defiance of federal example.

Arizona enacted the immigration law out of frustration regarding the lack of federal enforcement for existing immigration laws. In New Mexico, those who believe greenhouse gases must be stopped are hoping to implement their own rules out of frustration that nothing is being done on the federal level a frustration made all too real with Harry Reid's announcement that Senate Democrats are officially abandoning their seven-year effort to pass cap and trade.

In Arizona - whether one agrees or disagrees with the legislation - there are borders that can be secured. Fences can be built, personnel can physically guard against the flow of immigrants that come into the country illegally, and the “flow” is tangible - lawbreakers can be handcuffed and taken back across the border.

In New Mexico, just as in Arizona, groups spent months preparing for a showdown. However, the issue in New Mexico is greenhouse gas emissions rather than immigration. The New Energy Economy (NEE) has been working with the Environmental Improvement Board (EIB) (an organization stacked with New Mexico Governor Richardson's appointees apt to be favorable to the regulation) to put a New-Mexico only carbon cap into place. Meanwhile groups concerned about the economy and job creation, such as the Albuquerque Chamber of Commerce, Commercial Real Estate Development Association, Home Builders Association, Albuquerque Economic Development, the Rio Grande Foundation and - this author's own group -- Citizens Alliance for Responsible Energy (CARE), have been working to spread the word about the dangers of the potential regulation.

Arizona's goal was to protect their state by securing their borders via legislation. In New Mexico, the aim is to protect the state by making rules that apply only within the state's borders.

The most striking difference between the two attempts at regulation is that New Mexico hopes to contain something that cannot be contained. Greenhouse gases do not stop at the border. Even if New Mexico was successful in stopping the emission of greenhouse gases, the mobile nature of gas makes containment impossible. Offending gases that may sneak into the state cannot be handcuffed and returned.

All of this may contribute to why the Senate doesn't seem to think there's public support to push cap and trade through- despite the fact that it is passable legislation if every Democrat decided to cast a vote in favor. Members of the House of Representatives who did vote for cap and trade last year, such as New Mexico's Harry Teague, are now trying to distance themselves from the vote to save their seats. (Ben Ray Lujan and Martin Heinrich also voted for cap and trade, but are still working to push various energy-killing, cost-increasing bills such as the CLEAR Act (HR 3534).

One of the major reasons for the demise of a federal level cap and trade is the damage the legislation would do to the economy. Reports indicate that the Kerry-Lieberman compromise bill would create cumulative GDP losses of $2.1 trillion through 2030, and consumer electricity price increases of up to 42%. The consumer outrage over New Mexico's rate increases proves, the public does support increasing energy costs.

The EIB is holding a hearing on August 16th at 10 a.m. in Santa Fe to allow the public to express their opinions regarding the proposed statewide carbon cap. Everyone who cares about New Mexico's economic development should be there to voice an opinion.

Marita Noon is the executive director of the Citizens Alliance for Responsible Energy (CARE), a nonprofit organization operating from the platform of "Energy Makes America Great" and supports all domestic energy development. She can be reached at marita@responsiblenergy.org or www.responsiblenergy.org.