NEW MEXICO MINING ASSOCIATION, New Mexico Home Builders Association, New Mexico Oil & Gas Association, New Mexico Cattle Growers' Association, New Mexico Wool Growers, Inc., Chino Mines Company, and Phelps Dodge Tyrone, Inc., Plaintiffs-Appellants,
v.
WATER QUALITY CONTROL COMMISSION (In the Matter of the Triennial Review of Standards for Interstate and Intrastate Surface Waters, 20.6.4 NMAC), Defendant-Appellee, and
New Mexico Environment Department, Amigos Bravos, Gila Resources Information Project (Grip), New Mexico Trout, New Mexico Acequia Association, 1000 Friends of New Mexico, and Sierra Club, Intervenors-Appellees.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
May 10, 2007.
May 10, 2007.
Attorney(s) appearing for the Case
Gallagher & Kennedy, P.A., Dalva L. Moellenberg, Anthony (T.J.) J. Trujillo, Santa Fe, NM, for Appellants.
Office of the Attorney General, Gary K. King, Attorney General, Zachary A. Shandler, Assistant Attorney General, Santa Fe, NM, for Appellee.
New Mexico Environment Department, J. Brent Moore, Assistant General Counsel, Special Assistant Attorney General, Santa Fe, NM, for Intervenor-Appellee. New Mexico Environment Department.
Western Environmental Law Center, Matthew K. Bishop, Erik Schlenker-Goodrich, Taos, NM, for Intervenors-Appellees Amigos Bravos et al.
New Mexico Environmental Law Center, Sarah Piltch, Roderick Ventura, Douglas Meiklejohn, Santa Fe, NM, for Amicus Curiae Concerned Citizens for Clean Water.
Court of Appeals of New Mexico.
OPINION
ALARID, Judge.
{1} In this case we are asked to pass upon the validity of the 2005 amendment to the water quality standard defining "surface waters of the State." We hold that the amended definition of surface waters of the State was adopted consistent with the requirements of the Water Quality Act and with due process. We therefore affirm the decision of the Water Quality Control Commission adopting the 2005 standard.
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