Grand Canyon Trust v. Public Serv. Co. of NM

MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S MOTION IN LIMINE

BLACK, District Judge.

THIS MATTER is before the Court on Plaintiffs’ Motion in Limine to exclude evi dence (1) that continuous opacity monitors (“COMs”) are not the compliance method at San Juan; (2) COM readings illegally increase the stringency standards for monitoring; and (3) specific COM readings are not the equivalent to Method 9 Readings. The Court will Grant the motion as to categories (1) and (2) and Deny it as to (3).

Procedure

Defendant correctly points out the motion in limine is a creature not recognized by either the…