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OLD ABE CO. v. NEW MEXICO MIN. COM'N

No. 15750.

908 P.2d 776 (1995)

121 N.M. 83

OLD ABE CO., Lincoln Gold & Tungsten, Inc., Grubstake Mining and Exploration, Inc., United Minerals, Inc., R.C. "Dick" Manning d/b/a Challenge Mining Co., County of Catron, and County of Sierra, Appellants, v. NEW MEXICO MINING COMMISSION, Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 11, 1995.

Attorney(s) appearing for the Case

Russell Moore, W. Spencer Reid, Keleher & McLeod, P.A., Albuquerque, for Appellants.

Richard W. Darnell, Socorro, for Grubstake Mining and Exploration, Inc.

James W. Catron, La Joya, for Counties of Catron and Sierra.

Tom Udall, Attorney General, William R. Brancard, Ass't Attorney General, Santa Fe, for Appellee.

Douglas Meiklejohn, New Mexico Environmental Law Center, Santa Fe, for Amici Curiae Concerned Citizens del Norte, the New Mexico Wilderness Study Committee, and the Sierra Club.

OPINION

APODACA, Chief Judge.

1. In 1993, the New Mexico Legislature adopted the New Mexico Mining Act (the Act), NMSA1978, Sections 69-36-1 to -20 (Repl.Pamp.1993), for the purpose of "promoting responsible utilization and reclamation of lands affected by exploration, mining or the extraction of minerals that are vital to the welfare of New Mexico." Section 69-36-2. The Act created the New Mexico Mining Commission (the Commission) and mandated that...

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