Kennecott Copper Corp. v. New Mexico Environmental Improvement Board

OPINION

WALTERS, Judge.

Kennecott Copper Corporation (Kennecott) appeals from the New Mexico Environmental Improvement Board’s (EIB or Board) promulgation of an amendment of New Mexico Air Quality Control Regulation 652 limiting sulfur dioxide (S02) emissions from existing copper smelters. The amendment was adopted following public hearings pursuant to § 74-1-9, N.M.S.A.1978 (the Environmental Improvement Act) and § 74-2-6, N.M.S.A.1978 (the Air Quality Control Act). This Court is limited on appeal by § 74-1-9 I, N.M.S.A.1978, in that a regulation can be set aside only if found to be:(1)…