New Mexico Water Quality Control Commission v. Emerald Corp.

OPINION

APODACA, Judge.

The New Mexico Water Quality Control Commission and the Environmental Improvement Division of the New Mexico Health and Environment Department (plaintiffs) appeal the district court’s dismissal with prejudice of plaintiffs’ complaint. The dismissal was based on SCRA 1986, 1-041(E) (Rule 41(E)), which allows such dismissal if a plaintiff has failed to take steps to “bring such action or proceeding to its final determination for a period of at least three (3) years * * We hold that plaintiffs’ action in the proceeding against only one defendant of several multiple…