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KERR-McGEE NUCLEAR v. N.M. WATER QUAL CONTROL

No. 5232.

647 P.2d 873 (1982)

98 N.M. 240

KERR-McGEE NUCLEAR CORPORATION, Homestake Mining Company, Phillips Uranium Corporation, United Nuclear Corporation, Appellants, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION, Appellee.

Court of Appeals of New Mexico.

Writ of Certiorari Quashed June 23, 1982.

Attorney(s) appearing for the Case

Peter J. Nickles, Charles H. Montange, Kenneth Carroll, Covington & Burling, Washington, D.C., and Bruce G. Black, Campbell, Byrd & Black, Santa Fe, for Kerr-McGee Nuclear Corp.

James G. Williams, Susan L. Edwards, Phillips Petroleum Co., Englewood, Colo., for Phillips Uranium Corp.

G. Stanley Crout, Sunny J. Nixon, C. Mott Woolley, Michael S. Yesley, Bigbee, Stephenson, Carpenter, Crout & Olmsted, Santa Fe, for Homestake Mining Co., Phillips Uranium Corp., and United Nuclear Corp.

Jeff Bingaman, Atty. Gen., Bruce S. Garber, Weldon L. Merritt, Allison G. Karslake, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

HENDLEY, Judge.

On October 14, 1980, the New Mexico Water Quality Control Commission (Commission) approved the Environmental Improvement Division's (EID) request to hold a public hearing on proposed regulations concerning toxic water pollutants. The public hearings, conducted by a hearing officer pursuant to § 74-6-6, N.M.S.A. 1978 (Repl. 1981), were held on January 14 and 15, 1981. The Commission adopted the following regulation setting forth...

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