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SOUTHWEST RESEARCH v. STATE

No. 21,293.

62 P.3d 270 (2002)

133 N.M. 179

2003-NMCA-012

SOUTHWEST RESEARCH AND INFORMATION CENTER, Dara Mark, and Wayne Gibson, Appellants, v. STATE of New Mexico, New Mexico Environment Department, and Peter Maggiore, in his official capacity as Secretary of the New Mexico Environment Department, Appellees.

Court of Appeals of New Mexico.

Certiorari Granted January 16, 2003.

Attorney(s) appearing for the Case

Margot Steadman, Albuquerque, NM, Kevin M. Ward, Harding, Shultz & Downs, Denver, CO, for Appellants.

Susan M. McMichael, Special Assistant General Counsel, Assistant General Counsel, Paul R. Ritzma, Acting General Counsel, Deputy Secretary, New Mexico Environment Department, Santa Fe, NM, for Appellees.

Certiorari Granted, No. 27,578, January 16, 2003.

OPINION

FRY, Judge.

{1} This case involves the permit for the Waste Isolation Pilot Project (WIPP), a facility for the storage of radioactive waste outside of Carlsbad, New Mexico. After a lengthy hearing process, the Secretary of the New Mexico Environment Department (Department) issued a final permit to the operators of the facility, or Permittees, the United States Department of Energy ...

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