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SIERRA CLUB v. MIN. COM'N

Nos. 20,247, 20,250, 20,280.

27 P.3d 984 (2001)

130 N.M. 497

2001-NMCA-047

RIO GRANDE CHAPTER of the SIERRA CLUB, Plaintiff/Respondent-Appellee, v. NEW MEXICO MINING COMMISSION, Defendant/Petitioner-Appellant, v. New Mexico Energy, Minerals and Natural Resources Department, Mining and Minerals Division, and Copar Pumice Co., Inc., Intervenors/Petitioners-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted July 18, 2001.

Attorney(s) appearing for the Case

Douglas W. Wolf, Douglas Meiklejohn, New Mexico Environmental Law Center, Santa Fe, NM, for Appellee Rio Grande Chapter of the Sierra Club.

Patricia A. Madrid, Attorney General, Patrick T. Simpson, Assistant Attorney General, Santa Fe, NM for Appellant New Mexico Mining Commission.

Bruce Rogoff, Special Assistant Attorney General, Santa Fe, NM, for Appellant Energy, Minerals and Natural Resources Dep't.

Galen M. Buller, Louis W. Rose, Brett Olsen, Montgomery & Andrews, P.A., Santa Fe, NM, for Appellant Copar Pumice Co., Inc.

Dalva L. Moellenberg, Gallagher & Kennedy, P.A., Phoenix, AZ, for Amicus Curiae New Mexico Mining Association.

Certiorari Granted, No. 26,904, July 18, 2001.

OPINION

BOSSON, Chief Judge.

{1} These consolidated appeals present the narrow legal issue of whether the Director of the Mining and Minerals Division of the New Mexico Energy, Minerals, and Natural Resources Department (MMD) acted within her authority in (1) modifying a mining permit to include an area outside the original permit boundaries, and then (2) issuing a permit for a proposed mine within...

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