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Kennecott Copper Corp. v. New Mexico Envtl. Improvement Bd.

Citation: 10 ELR 20949
No. No. 3942, 614 P.2d 22/14 ERC 1440/94 N.M. 610, (N.M. Ct. App., 01/10/1980)

The court upholds the New Mexico Environmental Improvement Board's (EIB's) issuance of a regulation reducing the limits on emissions of sulfur dioxide from copper smelters. First, it rejects appellant's argument that the new emission limitations were improperly based on the requirements of federal rather than state law. Since the EIB must comply with both state and federal law, its action permissibly addressed both sets of requirements simultaneously. Nor are the new limitations invalid for failure of the EIB to give due weight to economic considerations. Given the paucity of economic data provided the EIB by appellant, the record shows that it adequately took economic factors into account. A dissenter finds that the EIB's explanation of its consideration of economic factors was insufficient and would therefore set the regulations aside.

Counsel for Appellant
Alfred V. J. Prather
Prather, Seeger, Doolittle & Farmer
1101 17th St. NW, Washington DC 20036
(202) 296-0500

Hilton A. Dickson
Dickson & Young
212 N. Arizona St., P.O. Box 1219, Silver City NM 88061
(505) 538-2926

Counsel for Appellee
Jeff Bingaman, Attorney General; Bruce S. Garber, Weldon L. Merritt, Ass't Attorneys General
P.O. Box 508, Bataan Bldg., Santa Fe NM 87503
(505) 827-5521

WALTERS, Judge; HERNANDEZ, J., CONCURS; ANDREWS, Judge, DISSENTING