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PUBLIC SERV. CO. OF N.M. v. N.M. ENVIR. IMP.

Nos. 1922 and 1923.

549 P.2d 638 (1976)

89 N.M. 223

PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico Corporation, and Tucson Gas & Electric Company, an Arizona Corporation, Appellants, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee. ARIZONA PUBLIC SERVICE COMPANY, EL Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, and Tucson Gas and Electric Company, Appellants, v. ENVIRONMENTAL IMPROVEMENT BOARD, State of New Mexico, Appellee.

Court of Appeals of New Mexico.

April 6, 1976.

Attorney(s) appearing for the Case

Richard B. Cole, Keleher & McLeod, Albuquerque, for appellants in 1922.

Fred C. Hannahs, Montgomery, Federici, Andrews, Hannahs & Buell, Santa Fe, Bruce Norton, Snell & Wilmer, Phoenix, Ariz., for appellants in 1923.

Toney Anaya, Atty. Gen., Robert A. Engel, Sp. Asst. Atty. Gen., Bruce S. Garber, Environmental Improvement Agency, Santa Fe, for appellee.

Grove T. Burnett, New Mexico Citizens for Clean Air, Santa Fe, amicus curiae.

OPINION

HERNANDEZ, Judge.

This is an appeal from the action of the New Mexico Environmental Improvement Board (Board) amending New Mexico Air Quality Control Regulation No. 602(B).

Three points of error are alleged, the second of which is dispositive of this appeal, to-wit: The Board's enactment of the regulation is not in accordance with the law.

The parts of the Air Quality Control Act, Sections 12-14-1 to 12-14-13, N.M.S.A. 1953 (Repl...

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