(DOWNLOAD) "Marbob Energy Corp. v. New Mexico Oil Conservation Commission" by Court of Criminal Appeals of Oklahoma * Book PDF Kindle ePub Free
eBook details
- Title: Marbob Energy Corp. v. New Mexico Oil Conservation Commission
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 11, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
{1} The Oil Conservation Commission (the Commission) promulgated New Mexico Administrative Code regulation 19.15.14.1227 NMAC (12/1/08) (Rule 1227), giving itself and the Oil Conservation Division (the Division) the authority to assess civil penalties and impose other sanctions against any person who violates the Oil and Gas Act (the Act), NMSA 1978, Sections 70-2-1 to -38 (1935, as amended through 2004), or any rule, order, or regulation issued thereunder. Petitioner Marbob Energy Corporation (Marbob) appealed the Commissions order to the district court, arguing that the Commission exceeded its statutory authority when it implemented Rule 1227. The district court upheld the Commissions order, holding that the Legislatures broad grants of authority and jurisdiction to the Commission and the Division include the authority to assess the civil penalties authorized by the Act. We reverse and hold that the specific provisions of Section 70-2-28 require the Attorney General to bring an action in court to assess civil penalties for violations of the Act and rules, orders, and regulations issued thereunder.