United States v. New Mexico Environment Department

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff, v. Case No. 19-CV-46 KG/SMV NEW MEXICO ENVIRONMENT DEPARTMENT, and JAMES KENNEY, Secretary (in his official capacity), Defendants. MEMORANDUM OPINION AND ORDER This matter is before the Court on cross-motions for summary judgment. Plaintiff United States first filed its Motion for Summary Judgment. (Doc. 58). Defendants New Mexico Environment Department and James Kenney, Secretary, responded and cross-motioned for summary judgment. (Doc. 59). Both parties, in turn, replied. (Docs. 60, 61).…