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COLONIAS DEV. COUNCIL v. RHINO

No. 28,337.

117 P.3d 939 (2005)

2005-NMSC-024

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

Supreme Court of New Mexico.

July 18, 2005.

Attorney(s) appearing for the Case

Law Offices of Nancy L. Simmons, Nancy L. Simmons, Albuquerque, NM, for Petitioner.

Eaves, Bardacke, Baugh, Kierst & Larson, P.A., John G. Baugh, Susan G. Chappell, C. Shannon Bacon, Albuquerque, NM, New Mexico Environmental Department, Claybourne F. Clarke, Santa Fe, NM, for Respondents.

Roderick Ventura, Eric D. Jantz, Santa Fe, NM, for Amici Curiae New Mexico Environmental Law Center South Valley Coalition of Neighborhood Ass'ns.

Law Offices of Nancy L. Simmons, Nancy L. Simmons, Albuquerque, NM, for Amicus Curiae Diocese of Las Cruces.

OPINION

BOSSON, Chief Justice.

{1} When the New Mexico Environment Department (Department) reviews a permit application to operate a landfill, the Department must consider public opinion at a public hearing. When the permit application is shown to comply with all technical regulations, the question arises whether the Department's review of public testimony is limited to technical issues. We hold that it is not so confined. The Department's review...

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