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PICKETT RANCH, LLC v. CURRY

No. 25,888.

139 P.3d 209 (2006)

140 N.M. 49

2006-NMCA-082

PICKETT RANCH, LLC, Appellant, v. Ron CURRY, Secretary of the New Mexico Environmental Department, Appellee.

Court of Appeals of New Mexico.

July 5, 2006.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Mark K. Adams, Edward Ricco, Michelle Henrie, Santa Fe, NM, for Appellant.

Patricia A. Madrid, Attorney General, J. Brent Moore, Assistant General Counsel, Special Assistant Attorney General, NM Environment Department, Santa Fe, NM, for Appellee.

OPINION

PICKARD, Judge.

{1} In this case, we interpret regulations promulgated by the New Mexico Environment Department (the Department) governing what a municipality must show regarding its financial capacity in order to obtain a permit for a new landfill. We determine that the relevant regulations were satisfied in this case. Because we also determine that the Secretary of the Department did not abuse his discretion or act arbitrarily or capriciously...

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