Joab, Inc. v. Espinosa

OPINION

MINZNER, Chief Judge.

Joab, Inc. and Nu-Mex Landfill (Joab) and Concerned Citizens of Sunland Park, Inc. (Concerned Citizens) pursue separate appeals from an administrative decision and order of the New Mexico Environment Department (NMED) granting Joab a five-year permit to develop a thirty-five acre landfill in Dona Ana County. Joab asserts that (1) denial of its application for a ten-year permit and limiting the size of the landfill area to thirty-five acres was arbitrary, capricious, and an abuse of discretion; and (2) the decision of the Secretary was not supported by substantial…