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BOKUM RESOURCES v. N.M. WATER QUALITY CONT.

No. 12374.

603 P.2d 285 (1979)

93 N.M. 546

BOKUM RESOURCES CORPORATION, Continental Oil Company, Gulf Oil Corporation, Kerr-McGee Nuclear Corporation, Phillips Petroleum Company, Ranchers Exploration and Development Corporation, United Nuclear Corporation, United Nuclear-Homestake Corporation, United Nuclear-Homestake Partners and Union Carbide Corporation, Petitioners, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION, Respondent.

Supreme Court of New Mexico.

November 16, 1979.

Attorney(s) appearing for the Case

Peter J. Nickles, Covington & Burling, Washington, D.C., Bruce D. Black, Campbell & Black, Santa Fe, for petitioner Kerr-McGee Nuclear Corp.

James G. di Zerega, II, Gulf Mineral Resources Co., Denver, Colo., Watson, Stillinger & Lunt, Santa Fe, for petitioner Gulf Oil Corp.

David Cullen, Houston, Tex., for petitioner Continental Oil Co.

Kenneth Heady, C.J. Roberts, Bartlesville, Okl., for petitioner Phillips Petroleum Co.

G. Stanley Crout, Sunny J. Nixon, C. Mott Woolley, Bigbee, Stephenson, Carpenter & Crout, Santa Fe, for petitioners Bokum Resources Corp., Continental Oil Co., Phillips Petroleum Co., Ranchers Exploration and Development Corp., United Nuclear Corp., United Nuclear-Homestake Partners, United Nuclear-Homestake Corp. and Union Carbide Corp.

Bruce S. Garber, James G. Huber, Weldon L. Merritt, Santa Fe, Rand L. Greenfield, Albuquerque, for respondent.

OPINION

EASLEY, Justice.

After notice and hearing, the New Mexico Water Quality Control Commission (Commission) amended existing regulations and enacted new ones governing the discharge of toxic pollutants that may move into ground water. Bokum Resources Corporation and other plaintiffs (Bokum) appealed to the Court of Appeals. The Court of Appeals affirmed, except for one minor issue. We affirm in part and reverse in part.

The Commission held lengthy...

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