JUDICIAL DEVELOPMENTS

August 2007

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New Mexico Court of Appeals Affirms State’s Water Quality Control Commission’s 2005 Amendment to Water Quality Standard Defining ‘Surface Waters of the State’
New Mexico Mining Association, et al. v. Water Quality Control Commission

On July 10, 2007, the New Mexico Court of Appeals issued its mandate and remand to the district court clerk in New Mexico Mining Association, et al. v. Water Quality Control Commission. The court’s opinion (Op.) is final, as neither party submitted a “Petition for Writ of Certiorari” to the New Mexico Supreme Court pursuant to Rule 12-502 NMRA. On May 10, 2007, the Court of Appeals issued its opinion affirming the decision of the New Mexico Water Quality Control Commission’s (WQCC) adopting the 2005 definition of “surface waters of the State.”