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GRAND CANYON TRUST v. PUBLIC SERV. CO. OF N.M.

No. CIV. 02-552 BB/ACT.

294 F.Supp.2d 1246 (2003)

GRAND CANYON TRUST and Sierra Club, Plaintiffs, v. PUBLIC SERVICE COMPANY OF NEW MEXICO, Defendant.

United States District Court, D. New Mexico.

October 8, 2003.

Attorney(s) appearing for the Case

Steve Sugarman, Belin & Sugarman, Santa Fe, NM, Reed Zars, Laramie, WY, George E. Hays, San Francisco, CA, for Plaintiffs.

Robert C. Conklin, Richard L. Alvidrez, Mary Behn, Keleher & McLeod, Albuquerque, NM, Robert H. Clark, Public Service Co. of NM, Albuquerque, NM, Henry V. Nickel, Hunton & Williams, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER ON PLAINTIFF'S MOTION IN LIMINE

BLACK, District Judge.

THIS MATTER is before the Court on Plaintiffs' Motion in Limine to exclude evidence (1) that continuous opacity monitors ("COMs") are not the compliance method at San Juan; (2) COM readings illegally increase the stringency standards for monitoring; and (3) specific COM readings are not the equivalent to Method 9 Readings...

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