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NEW MEXICO MIN. COM'N v. UNITED NUCLEAR

Nos. 21,288, 21,290.

57 P.3d 862 (2002)

133 N.M. 8

2002-NMCA-108

NEW MEXICO MINING COMMISSION, and New Mexico Energy, Minerals and Natural Resources Department, Mining and Minerals Division, Petitioners-Appellees, v. UNITED NUCLEAR CORPORATION, Respondent-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 4, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Daniel Rubin, Patrick T. Simpson, Special Assistant Attorneys General, Ted Apodaca, Special Assistant Attorney General, Energy, Minerals and Natural Resources Department, Santa Fe, NM, for Appellees.

Jon J. Indall, Stephen J. Lauer, Sharon W. Horndeski, Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, NM, Dalva L. Moellenberg, Gallagher & Kennedy, P.A., Phoenix, AZ, for Appellant.

Certiorari Denied, No. 27,722, November 4, 2002.

OPINION

ALARID, Judge.

{1} This case concerns three sites where Respondent, United Nuclear Corporation (UNC), mined uranium in the 1970s and 1980s. In 1995, the Mining and Minerals Division (MMD) issued notices of violation to UNC based on UNC's failure to timely submit a "site assessment," NMSA 1978, § 69-36-5(A) (1993), and a "permit application," NMSA 1978, § 69-36-11(A) (1993)...

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