CATTLE GROWERS' v. WATER QUALITY CONTROL

No. 31,191.

299 P.3d 436 (2012)

2013-NMCA-046

NEW MEXICO CATTLE GROWERS' ASSOCIATION, Petitioner-Appellant, v. NEW MEXICO WATER QUALITY CONTROL COMMISSION, New Mexico Environment Department, New Mexico Energy, Minerals, and Natural Resources Department, and New Mexico Game and Fish Department, Respondents-Appellees, and Amigos Bravos, New Mexico Backcountry Hunters and Anglers, New Mexico Trout, New Mexico Wildlife Federation, and WildEarth Guardians, Intervenors-Appellees. In the Matter of Amended Petition to Nominate Surface Waters in Forest Service Wilderness as Outstanding National Resource Waters and In the Matter of Request to Amend Antidegradation Policy Implementation Procedures and to Issue Guidance for Nonpoint Source Discharges in Areas Designated as ONRWS.

Court of Appeals of New Mexico.

Certiorari Granted, No. 34,010, March 29, 2013.


Attorney(s) appearing for the Case

David Mathews, LLC, David L. Mathews , Albuquerque, NM, for Appellant.

Gary K. King , Attorney General, Zachary Shandler , Assistant Attorney General, Santa Fe, NM, for Appellee New Mexico Water Quality Control Commission.

New Mexico Environment Department, Ryan Flynn , General Counsel, Santa Fe, NM, for Appellee New Mexico Environment Department.

New Mexico Department of Game and Fish, James H. Karp , General Counsel, Santa Fe, NM, for Appellee New Mexico Department of Game and Fish.

New Mexico Energy, Minerals and Natural Resources Department, Sonny Ray Swazo , Assistant General Counsel, Santa Fe, NM, for Appellee New Mexico Energy, Minerals and Natural Resources Department.

Western Environmental Law Center, Erik Schlenker-Goodrich , Taos, NM, for Appellees Amigos Bravos, New Mexico Backcountry Hunters and Anglers, New Mexico Trout, and New Mexico Wildlife Federation.

WildEarth Guardians, Samantha Ruscavage-Barz , Santa Fe, NM, for Appellee WildEarth Guardians.


OPINION

KENNEDY, Judge.

{1} This case examines whether the New Mexico Cattle Growers' Association properly appealed from a regulatory proceeding of the New Mexico Water Quality Control Commission (WQCC) directly to this Court by showing that it is adversely affected by the adopted regulations as is required by statute. The Cattle Growers' Association appealed the WQCC's designation of named perennial waters within United States Forest Service...

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