COLONIAS DEVELOPMENT v. RHINO ENVIRONMENTAL

No. 22,932.

81 P.3d 580 (2003)

134 N.M. 637

2003-NMCA-141

In the Matter of the Application of Rhino Environmental Services, Petitioner for a Solid Waste Landfill Permit for the Rhino Solid Waste Facility. COLONIAS DEVELOPMENT COUNCIL, Appellant, v. RHINO ENVIRONMENTAL SERVICES, INC. and the New Mexico Environment Department, Appellees.

Court of Appeals of New Mexico.

Certiorari Granted December 2, 2003.


Attorney(s) appearing for the Case

Nancy L. Simmons, Law Offices of Nancy L. Simmons, P.C., Albuquerque, NM, for Appellant.

Clay Clarke, Assistant General Counsel, Special Assistant Attorney General, Santa Fe, NM, for Appellee The New Mexico Environment Dept.

C. Shannon Bacon, John G. Baugh, Eaves, Bardacke, Baugh, Kierst & Kiernan, P.A., Albuquerque, NM, for Appellee Rhino Environmental Services, Inc.


Certiorari Granted, No. 28,337, December 2, 2003.

OPINION

VIGIL, Judge.

{1} The Colonias Development Council (CDC) seeks to reverse a decision of the New Mexico Environment Department (NMED or the Department) issuing a permit to Rhino Environmental Services, Inc. (Rhino) to operate a landfill near Chaparral, New Mexico. We address CDC's claims that the Department did not comply with the Solid Waste...

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