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N.M. PETROLEUM MARKETERS ASSN. v. EIB

Nos. 24,841, 25,420.

160 P.3d 587 (2007)

2007-NMCA-060

The NEW MEXICO PETROLEUM MARKETERS ASSOCIATION, Indian Capitol Distributing Co., Inc., Hookinson, Inc., and Ever-Ready Oil Co., Inc., Petitioners-Appellants, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Respondent-Appellee, In the Matter of Petition for a Public Hearing to Consider Proposed New Regulations in Title II, Chapter 5, Part 6 of the New Mexico Administrative Code (Convenience Store Regulations). The New Mexico Petroleum Marketers Association, Indian Capitol Distributing Co., Inc., Hookinson, Inc., and Ever-Ready Oil Co., Inc., Petitioners-Appellants, v. New Mexico Environmental Improvement Board, Respondent-Appellee, In the Matter of Petition for a Public Hearing to Consider Proposed New Regulations in Title II, Chapter 5, Part 6 of the New Mexico Administrative Code (Convenience Store Regulations).

Court of Appeals of New Mexico.

April 2, 2007.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Richard C. Minzner, Jocelyn Drennan, Edward Ricco, Albuquerque, NM, for Appellants.

Gary K. King, Attorney General, Mary H. Smith, Assistant Attorney General, Santa Fe, NM, for Appellee.

NM Environment Department, Tracy Hughs, General Counsel, Leslie G. Barnhart, Assistant General Counsel, Charles F. Noble, Assistant General Counsel, Santa Fe, NM, for Intervenor-Appellee, New Mexico Environment Department.

McGinn, Carpenter, Montoya & Love, P.A., Randi McGinn, Allegra Carpenter, Albuquerque, NM, for Amicus Curiae.

OPINION

ALARID, Judge.

{1} This case requires us to consider the validity of regulations adopted by the New Mexico Environmental Improvement Board (EIB) addressing violence against convenience store workers. We hold that the EIB had authority pursuant to the New Mexico Occupational Health and Safety Act (NMOHSA) to adopt regulations to protect convenience store workers from violence in the workplace; that the Legislature's delegation of the authority to...

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