[Download] "Mixed Waste Landfill Sandia National Laboratories v. Sandia Corp." by In the Court of Appeals of the State of New Mexico " eBook PDF Kindle ePub Free

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eBook details

• Title: Mixed Waste Landfill Sandia National Laboratories v. Sandia Corp.
• Author : In the Court of Appeals of the State of New Mexico
• Release Date : January 19, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

Certiorari Denied, No., 30,844, February 25, 2008 OPINION {1} Citizen Action appeals a decision by the Secretary of the New Mexico Environment Department (Secretary) granting the request of Sandia National Laboratories (Sandia) for a Class 3 Permit Modification for Corrective Measures for the Mixed Waste Landfill (MWL) located at Sandia. In challenging the remedy adopted by the Secretary in his final order, Citizen Action makes a number of arguments. As to the contention that Sandia was required to apply for a closure or post- closure permit, rather than a permit modification for the MWL, we hold that this issue is not jurisdictional and, further, that it was not preserved. We hold that the Secretary did not abuse his discretion by adopting the findings of the hearing officer and, further, that those findings were supported by substantial evidence. We conclude that the Secretary did not render the public comments irrelevant by submitting his written response to these comments after issuing a final order. Accordingly, we affirm the Secretary's order. I. BACKGROUND

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