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KENNECOTT COPPER CORP. v. N.M. ENVIRONMENTAL

No. 3942.

614 P.2d 22 (1980)

KENNECOTT COPPER CORPORATION, Appellant, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee.

Court of Appeals of New Mexico.

Writ of Certiorari Quashed June 24, 1980.

Attorney(s) appearing for the Case

Alfred V.J. Prather, Washington, D.C., Hilton A. Dickson, Jr., Silver City, for appellant.

Jeff Bingaman, Atty. Gen., Bruce S. Garber, Weldon L. Merritt, Asst. Attys. Gen., Santa Fe, for appellee.

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 (SO[2]) 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...

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