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REGENTS OF UNIVERSITY OF CAL. v. COMMISSION

No. 23,498.

94 P.3d 788 (2004)

136 N.M. 45

2004-NMCA-073

The REGENTS OF THE UNIVERSITY OF CALIFORNIA, Appellant, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION, Appellee.

Court of Appeals of New Mexico.

April 28, 2004.

Attorney(s) appearing for the Case

Louis W. Rose, Jeff L. Martin, Montgomery & Andrews, P.A., Santa Fe, Deborah K. Woitte, N. Philip Wardwell, Office of Laboratory Counsel, Los Alamos National Laboratory, Los Alamos, for Appellant.

Patricia A. Madrid, Attorney General, Zachary Shandler, Assistant Attorney General, Eric Ames, Special Assistant Attorney General, Santa Fe, for Appellee.

OPINION

CASTILLO, J.

{1} This case requires us to determine whether the New Mexico Water Quality Control Commission (Commission) appropriately adopted a sentence in the water quality standards amended in May 2002. The sentence, contained in 20.6.4.10.G NMAC (2002), reads as follows: "The human health standards for persistent toxic pollutants, as identified in Subsection M of Section 20.6.4.900 NMAC, shall...

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