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PUEBLO v. ENERGY, MINERALS & NATURAL RES.

No. 21,278.

33 P.3d 916 (2001)

131 N.M. 166

2001-NMCA-084

PUEBLO OF PICURIS, Plaintiff-Appellant, v. NEW MEXICO ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT, and Oglebay Norton Specialty Minerals, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 23, 2001.

Attorney(s) appearing for the Case

Douglas W. Wolf, Douglas Meiklejohn, Geoffrey H. Fettus, NM Environmental Law Center, Santa Fe, NM, Simeon Herskovits, Western Environmental Law Center, Taos, NM, Roger Flynn, Jeff Parsons, Western Mining Action Project, Boulder, CO, for Appellant.

Ted Apodaca, Assistant General Counsel, Energy, Minerals and Natural Resources Department, Stephen S. Hamilton, Louis W. Rose, Montgomery & Andrews, Santa Fe, NM, for Appellees.

Certiorari Denied, No. 27,172, October 23, 2001.

OPINION

BOSSON, Chief Judge.

{1} In this case brought under the New Mexico Mining Act (the Mining Act), NMSA 1978, §§ 69-36-1 to -20 (1993, as amended through 1999), we decide for the first time how protesting parties challenge the issuance of a mining permit. In particular, we decide whether the challenge may be brought directly to court by a citizen suit, or must proceed instead...

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