Duke City Lumber Co. v. New Mexico Environmental Improvement Board

I dissent.

The order of the Board should be reversed and vacated because it was not rendered in accordance with law.

Introduction.

On February 8, 1979, Duke City filed its petition for variance from AQCR 402(A) in order to allow it to exceed 20% opacity in emissions from the Cuba and Española incinerators. The period of time desired was one year. This period of time expired February 8, 1980. Presently nine months have passed beyond the expiration date.

A public hearing was held June 28, 1979 and an order was entered October 12, 1979. A variance was granted for the Cuba facility, but not for…