MEMORANDUM OPINION

Filing Date: 6/1/2023

No. A-1-CA-39578

LARRY MARKER, Plaintiff-Appellant, v. NEW MEXICO OIL CONSERVATION COMMISSION, Defendant-Appellee, and MARATHON OIL COMPANY, Intervenor-Appellee.

 Dispositional Order

THIS MATTER is on appeal from the district court’s order granting summary judgment in favor of Defendants New Mexico Oil Conservation Commission and Marathon Oil Company. We note the following:

1. Plaintiff Larry Marker argues, as he did below, that Section 7 and 9 of House Bill 546 of the 54th Legislature violate Article IV, Section 15 and 16 of the New Mexico Constitution. See H.B. 546, 54th Leg., 1st Sess. (N.M. 2019), https:// nmlegis.gov/Sessions/19%20Regular/final/ HB0546.pdf.

2. We review the district court’s grant of summary judgment de novo. See Romero v. Philip Morris Inc., 2010-NMSC-035, ¶ 7, 148 N.M. 713, 242 P.3d 280.

3. We have carefully reviewed the briefs, applicable law, and arguments made by Plaintiff. We have also reviewed the entire record, including the district court’s order granting summary judgment to Defendants.

4. We conclude that the district court’s order correctly applies the law to the facts of this case and correctly granted summary judgment to Defendants.

5. We adopt the district court’s order, including its findings of fact and conclusions of law, and affirm.

Shammara H. Henderson, Judge

WE CONCUR:

J. Miles Hanisee, Judge

Jacqueline R. Medina, Judge

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