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NMMA v. N.M. WATER QUALITY CONTROL COMM.

Nos. 25,186, 25,191.

150 P.3d 991 (2006)

2007-NMCA-010

In the Matter of the Petition to Amend Ground Water Quality Standards Contained in 20.6.2 NMAC NEW MEXICO MINING ASSOCIATION and New Mexico Oil and Gas Association, Appellants, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION, New Mexico Environment Department, and New Mexico Department of Health, Appellees, and Eastern Navajo Diné Against Uranium Mining, Intervenor-Appellee.

Court of Appeals of New Mexico.

November 22, 2006.

Attorney(s) appearing for the Case

Comeau, Maldegen, Templeman & Indall, LLP, Jon J. Indall, Stephen J. Lauer, Sharon W. Horndeski, Santa Fe, NM, for Appellant New Mexico Mining Association.

Miller Stratvert P.A., J. Scott Hall, Santa Fe, NM, for Appellant New Mexico Oil and Gas Association.

Patricia A. Madrid, Attorney General, Zachary A. Shandler, Assistant Attorney General, Charles F. Noble, Special Assistant Attorney General, Jerry A. Dickinson, Special Assistant Attorney General, Santa Fe, NM, for Appellees.

New Mexico Environmental Law Center, Eric D. Jantz, Douglas Meiklejohn, Roderick Ventura, Sarah Piltch, Santa Fe, NM, for Intervenor-Appellee Eastern Navajo Diné Against Uranium Mining.

OPINION

CASTILLO, Judge.

{1} In this case, we review the action of New Mexico's Water Quality Control Commission (Commission) in revising the water quality standard for uranium in groundwater. We conclude that the Commission properly amended the standard pursuant to NMSA 1978, § 74-6-4(C) (2003), and that credible scientific data existed in the record to support its action. Appropriate review of Appellants' remaining concerns can be conducted only after...

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