State Ex Rel. New Mexico Water Quality Control Commission v. Molybdenum Corp. of America

OPINION

WOOD, Chief Judge.

The State’s amended complaint alleged the defendant discharged water containing mine tailings on three occasions. Two of the discharges were alleged to have been directly into the Red River. One discharge was alleged to have been into a campground and subsequently into the Red River. The amended complaint alleged the violation of two water quality control regulations — by failing to make immediate notification of the discharges to the appropriate government agency and by disposing of refuse in a natural watercourse. The State asked that a civil penalty be imposed for…