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IN RE CAMINO REAL ENVIRONMENTAL CENTER

No. 28,857.

242 P.3d 343 (2010)

2010-NMCA-057

In the Matter of the Application of CAMINO REAL ENVIRONMENTAL CENTER, INC. for the Renewal and Modification of a Solid Waste Facility Permit for the Camino Real Landfill. Camino Real Environmental Center, Inc., Appellant-Petitioner/Cross-Appellee, v. The New Mexico Department of the Environment (Secretary Ron Curry), Appellee/Cross-Appellee, v. Luz Vargas and Heather McMurray, Appellees-Respondents/Cross-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied, No. 32,385, June 3, 2010.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, PC, C. Shannon Bacon , Christopher A. Holland , Albuquerque, NM, Kemp Smith, LLP, Hunter Burkhalter , Mark Osborn , Austin, TX, for Appellant/Cross-Appellee.

Ron Curry , Secretary of the New Mexico Environment Department, Ripley B. Harwood , P.C., Ripley B. Harwood , Special Assistant Attorney General, Albuquerque, NM, Tracy M. Hughes , Special Assistant Attorney General, NM Environment Department, Santa Fe, NM, for Appellee/Cross-Appellee.

Sunland Park Grassroots Environmental Group, Luz Vargas , Sunland Park, NM, Sunland Park Grassroots Environmental Group, Heather McMurray , El Paso, TX, Sunland Park Grassroots Environmental Group, Robert Ardovino , Sunland Park, NM, Pro Se Appellees/Cross-Appellants.

OPINION

BUSTAMANTE, Judge.

{1} Camino Real Environmental Center (Camino Real) appeals from the administrative decision and order of the New Mexico Secretary of the Environment (Secretary) renewing its permit to operate a landfill, but limiting the renewal to a one-year period. The Solid Waste Act provides that "except as otherwise provided by law," private landfill permits "shall remain in effect ten years, or for the active life of the facility...

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