ALBUQUERQUE, N.M. – Earlier this week, the Albuquerque City Council voted to disband the Air Quality Control Board – but it’s fighting back. 

This past Monday, city council passed a resolution to block the board from making new rules until February. However, board members claim it hasn’t gone into effect yet, so they’ll keep trucking on.

City Councilor Dan Lewis – who sponsored the resolution – showed up at the board’s hearing, claiming it was illegal. 

Now, they are heading to a courtroom.

On Wednesday, the Albuquerque-Bernalillo County Air Quality Control Board met yet again, despite the city council passing a resolution blocking them from making rules.

While there were multiple parties at Wednesday’s hearing – from Kirtland Air Force Base to UNM, and the county – one very important table was empty.

“The administration told the Environmental Health Department not to participate in the hearing anymore. So it’s really not an official hearing right now, especially without our department being there,” said City Councilor Dan Lewis. 

On Tuesday night, Lewis read a cease and desist letter to the board.

“He came here and talked about how disappointed he was that his goal, which was to stop this hearing, did not occur,” said state Sen. Antoinette Sedillo Lopez. 

Instead of stopping, the board’s attorney filed a restraining order against the resolution, saying the hearing already started so the city shouldn’t be able to changes the rules now.

“They are a party to the city, to this proceeding. And so the city’s passage of an ordinance trying to interfere with this proceeding violates the law. They are a party, a party can’t sit and change the rules that apply to a proceeding they are involved in,” said Sedillo Lopez. 

But Lewis stands by his cease-and-desist, saying it doesn’t make sense for a part of the city to try and sue the city after they have been disbanded.

“I would assume that our city attorney will defend that, and the City of Albuquerque will probably even work to try to throw that out. What a silly type of legal action that a board like that would take, that’s rogue and illegally having a hearing right now,” said Lewis. 

According to the air quality board website, hearings are scheduled for the rest of the week, and they plan on holding all of them.

The city has been served by their restraining order and the next step is to go in front of a judge.

Sedillo Lopez says she requested to be heard immediately, but there is no set date.

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