SOUTHWEST ORG. PROJ. v. AIR QUALITY CONT.

No. A-1-CA-36398.

482 P.3d 1273 (2020)

2021-NMCA-005

SOUTHWEST ORGANIZING PROJECT, Esther Abeyta, and Steven Abeyta, Plaintiffs-Appellants, v. ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD, Defendant-Appellee, and City of Albuquerque Environmental Health Department, Intervenor-Appellee.

Court of Appeals of New Mexico.

Filing Date: October 15, 2020.


Attorney(s) appearing for the Case

New Mexico Environmental Law Center, Eric Jantz , Douglas Meiklejohn , Jaimie Park , Jonathan Block , Santa Fe, NM, for Appellants.

Felicia L. Orth , Los Alamos, NM, Lorenz Law, Alice Tomlinson Lorenz , Albuquerque, NM, for Defendant-Appellee.

Atler Law Firm, P.C., Timothy J. Atler , Albuquerque, NM, City of Albuquerque, Samantha Hults , Acting City Attorney, Carol M. Parker , Assistant City Attorney, Albuquerque, NM, for Intervenor-Appellee.

New Mexico Environment Department, Lara Katz , Assistant General Counsel, Andrew Knight , Assistant General Counsel, Santa Fe, NM, for Amicus Curiae New Mexico Environment Department.

Montgomery & Andrews, PA, Louis W. Rose , Matthew A. Zidovsky , Santa Fe, NM, for Amicus Curiae New Mexico Association of Commerce and Industry.


OPINION

{1} This is an appeal of the Albuquerque-Bernalillo County Air Quality Control Board's (the Board) order upholding the City of Albuquerque Environmental Health Department's (EHD) issuance of an authority-to-construct permit to Honstein Oil & Distributing...

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