KERR-McGEE NUCLEAR CORPORATION, Phillips Uranium Corporation, Sohio Western Mining Company, Todilto Exploration and Development Corporation, United Nuclear Corporation and United Nuclear-Homestake Partners, Appellants,
v.
NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
April 2, 1981.
Rehearing Denied May 28, 1981.
Certiorari Quashed November 23, 1981.
Attorney(s) appearing for the Case
George W. Terry, Albuquerque, for Phillips Uranium Corp.
Edmund J. Moriarty, Chicago, Ill., for Sohio Western Mining Co.
Mark K. Adams, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for Todilto Exploration & Development Corp.
Peter J. Nickles, John Heintz, Covington & Burling, Washington, D.C., for Kerr-McGee.
G. Stanley Crout, Sunny J. Nixon, C. Mott Wooley, Stephen J. Lauer, Bigbee, Stephenson, Carpenter, Crout & Olmsted, Santa Fe, for Phillips Uranium, Sohio Western Mining Co., Kerr-McGee Nuclear, United Nuclear Corp. and United Nuclear-Homestake.
Jeff Bingaman, Atty. Gen., Bruce S. Garber, Louis W. Rose, John K. Silver, Joseph F. Gmuca, Asst. Attys. Gen., Santa Fe, for appellee; David W. Douglas, Santa Fe, of counsel.
Court of Appeals of New Mexico.
OPINION
SUTIN, Judge.
This appeal involves the validity of the adoption of two amended Radiation Protection Regulations (regulations) by the New Mexico Environmental Improvement Board (EIB) which read:
Section 3-300(L)
Mill applicants shall analyze realistic tailing release scenarios and provide systems to contain potential releases to company controlled property.
Section 3-300...
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