SPPI Prepares for Trial Against New Mexico Taxation and Revenue Department

Albuquerque, NM — The Southwest Public Policy Institute (SPPI) is advancing toward a crucial trial against the New Mexico Taxation and Revenue Department (NMTRD) in a legal battle that could set a significant precedent for government transparency and accountability. The case, initiated by SPPI in September 2022, centers on NMTRD’s refusal to provide a database of registered vehicles, which SPPI requested under the Inspection of Public Records Act (IPRA). This data, maintained by the Motor Vehicle Division (MVD), is essential for SPPI’s research and policy recommendations, particularly as the state adopts new, potentially arbitrary construction codes impacting electric vehicle (EV) infrastructure.

SPPI aims to definitively demonstrate that EV mandates disproportionately burden lower-income families while primarily benefiting the exceedingly wealthy. However, this critical analysis hinges on access to vehicle registration data, which NMTRD and MVD have unlawfully withheld. This data is crucial to understanding if New Mexican families might benefit from these mandates.

The dispute escalated when NMTRD responded to SPPI’s original request with a fabricated document unrelated to the requested database. The document included nonsensical data, such as vehicles with 1,000 engine cylinders, a mechanically impossible figure. The Guinness Book of World Records recognizes a 48-cylinder engine as the maximum ever produced. This attempt by NMTRD to sidestep its obligations under the law has led SPPI to move forward.

“Our request was straightforward, and the New Mexico Taxation and Revenue Department’s response was not only inadequate but fundamentally deceptive,” said Patrick M. Brenner, President of SPPI. “As a public policy institute, we rely on accurate data to make informed recommendations that affect the lives of New Mexicans. The blatantly fabricated figures provided by the Motor Vehicle Division and NMTRD are not just a violation of the law; they are a disservice to the public.”

A scheduling conference is set for August 28, 2024, marking a significant step as both parties prepare for trial. Preliminary proceedings are underway, with SPPI expecting to address the immediate issue of the requested data and the broader implications of government transparency and accountability in New Mexico.

This case highlights the public’s emerging challenges in holding government agencies accountable and further underscores SPPI’s commitment to transparency and better policy for the American Southwest.