Conservation Commission: Enforcement Authority; Administrative Penalties; New Mexico

摘要

The New Mexico Oil Conservation Commission adopts a regulation giving the Commission and the Oil Conservation Division authority to impose civil penalties and other sanctions against persons violating the Oil and Gas Act. In response to an enforcement action against Marbob Energy Corp., Marbob seeks review of the agency's action asserting it lacks the authority to adopt the regulation. The district court affirms the Commission's enforcement action finding the Act authorizes the regulation. Held: reversed. The New Mexico Supreme Court holds that the plain language of the Oil and Gas Act, specifically § 70-2-28, requires the Attorney General to bring an action for penalties when penalties are sought under the Act. The Commission's need for more flexible administrative enforcement tools is a legislative issue, not a judicial issue.