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New Mexico

Wilcox v. Homestake Mining Co.

The Tenth Circuit affirmed a lower court decision dismissing individuals' Price Anderson Act lawsuit against a mining company for injuries allegedly caused by their exposure to radiation from the company's uranium mill in New Mexico....

New Mexico Mining Ass'n v. Water Quality Control Comm'n

A New Mexico appellate court upheld the state's definition of "surface waters." In 2005, the New Mexico Water Quality Control Commission revised New Mexico's definition of surface water by eliminating language referring to interstate...

Rancho Lobo, Ltd. v. Devargas

The court reverses a district court decision that the New Mexico Forest Conservation Act (FCA) preempted a county timber harvest ordinance and that the ordinance's environmental assessment provision included an invalid delegation of...

Hyde Park Co. v. Santa Fe City Council

The court holds that a real estate developer, whose proposed subdivision plat for land in Santa Fe, New Mexico, met all enumerated requirements for plat approval, was not entitled to approval of its proposed plat as a matter of federal...

Diamond Bar Cattle Co. v. United States

The court holds that two cattle company owners do not have a vested private-property right to graze their cattle in the Apache and Gila National Forests without a U.S. Forest Service permit. The owners argued that because their...

United States v. Jenks

The court holds that a ranch owner with inholdings within the Apache National Forest and the Gila River Forest Reserve in New Mexico does not have a preexisting patent right or a common-law easement allowing access to the inholdings....

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner...

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that under New Mexico law the doctrine of strict liability may apply to the storage and disposal of chemical wastes that pose a threat to health and welfare. New Mexico has adopted the doctrine of absolute liability for...

In re L.F. Jennings Oil Co.

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey...