New Mexico Mining Ass'n v. Water Quality Control Commission
New Mexico Court of Appeals
1Opinion of the Court
OPINION
ALARID, Judge.
{1} In this case we are asked to pass upon the validity of the 2005 amendment to the water quality standard defining “surface waters of the State.” We hold that the amended definition of surface waters of the State was adopted consistent with the requirements of the Water Quality Act and with due process. We therefore affirm the decision of the Water Quality Control Commission adopting the 2005 standard.
BACKGROUND
{2} In 1972, Congress enacted the Clean Water Act (CWA), 33 U.S.C. § 1251 (1972).
The Act’s stated objective is “to restore and maintain the chemical, physical,…
2Cases cited20 opinions
- Hill v. ColoradoSupreme Court of the United States · 2000
- Wickard v. FilburnSupreme Court of the United States · 1942
- United States v. RainesSupreme Court of the United States · 1960
- United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
- International Paper Co. v. OuelletteSupreme Court of the United States · 1987
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3Cited by5 opinions
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- NM Mining Assn. v. WATER QUALITY CONTROLNew Mexico Court of Appeals · 2007
- NM Reg Landfill v. NM Environ DeptNew Mexico Court of Appeals · 2011