RIO HONDO LAND & CATTLE CO., L.P. v. EPA

No. 19-9531.

995 F.3d 1124 (2021)

RIO HONDO LAND & CATTLE COMPANY, L.P., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Village of Ruidoso; City of Ruidoso Downs, Intervenors.

United States Court of Appeals, Tenth Circuit.

Filed April 29, 2021.


Attorney(s) appearing for the Case

Steven Sugarman , Cerrillos, New Mexico, appearing for Petitioner.

Phillip R. Dupré , Attorney ( Jeffery Bossert Clark , Assistant Attorney General, Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Pooja Parikh and David Gillespie , Attorneys, United States Environmental Protection Agency, with him on the briefs), United States Department of Justice, Environment and Natural Resources Division, Washington, DC, appearing for Respondent.

Louis W. Rose and Kari E. Olson , Montgomery & Andrews, P.A., Santa Fe, New Mexico, on the briefs for Intervenors Village of Ruidoso and City of Ruidoso Downs.

Before BACHARACH, BRISCOE, and EID, Circuit Judges.


In this petition for review, Petitioner-Appellant Rio Hondo asks us to review a decision of the EPA's Environmental Appeals Board ("EAB"). Rio Hondo seeks to vacate relaxed pollutant limitations in a 2017 permit issued by the EPA to an upstream waste water treatment plant. The waste water treatment plant serves the Village...

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