PHELPS DODGE TYRONE v. WATER QUALITY COM'N

No. 25,027.

143 P.3d 502 (2006)

2006-NMCA-115

PHELPS DODGE TYRONE, INC., Plaintiff-Appellant, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION and New Mexico Environment Department, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied September 5, 2006.

Certiorari Denied September 11, 2006.


Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, P.A., John J. Kelly, Stuart R. Butzier, Albuquerque, NM, Gallagher & Kennedy, P.A., Dalva Moellenberg, Phoenix, AZ, for Appellant.

Patricia A. Madrid, Attorney General, Zachary A. Shandler, Assistant Attorney General, Santa Fe, NM, for Appellee New Mexico Water Quality Control Commission.

Charles de Saillan, Assistant General Counsel, Tannis L. Fox, Deputy General Counsel, Santa Fe, NM, for Appellee New Mexico Environment Department New Mexico Environmental Law Center.

Roderick Ventura, Douglas Meiklejohn, Sarah Piltch, Eric Jantz, Santa Fe, NM, for Amicus Curiae, Gila Resources Information Project.

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

Patricia A. Madrid, Attorney General, Karen L. Fisher, Assistant Attorney General, Judith Ann Moore, Assistant Attorney General, Santa Fe, NM, for Amicus Curiae State of New Mexico.


Certiorari Denied, No. 29,963, September 5, 2006.

Certiorari Denied, No. 29,962, September 11, 2006.

OPINION

WECHSLER, Judge.

{1} The opinion filed in this case on June 15, 2006 is hereby withdrawn and the following substituted therefor. The joint motion for rehearing of the New Mexico Water Control Commission and the New Mexico Environment Department is denied.

{2} This appeal concerns a groundwater discharge...

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