AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Northeastern New Mexico Regional Landfill, L.L.C. (NENMRL) sought to renew its municipal solid waste permit for an additional ten years and requested modifications to handle certain nonhazardous special wastes and accept municipal solid waste via railroad transport. The New Mexico Environment Department (NMED) renewed the permit but denied the modification for handling special wastes while approving the modification for railroad transport. Concerned Citizens of Wagon Mound and Mora County opposed the permit modifications, particularly the handling of special wastes and the acceptance of waste via railroad transport.

Procedural History

• Appeal from the Secretary of the New Mexico Environment Department: The Secretary renewed NENMRL’s existing municipal solid waste permit for an additional ten-year period and granted in part certain permit modifications requested by NENMRL, specifically denying the modification to handle certain nonhazardous special wastes and approving the modification for railroad transport.

Parties' Submissions

• NENMRL: Argued that its application met all requirements for the permit modifications, including the handling and disposal of nonhazardous special wastes and the acceptance of municipal solid waste via railroad transport.
• NMED: Supported the Secretary’s decision to deny the modification for handling special wastes and to approve the modification for railroad transport.
• Concerned Citizens: Contested the granting of the permit modification for the acceptance of municipal solid waste via railroad transport, arguing it posed environmental and community risks.

Legal Issues

• Whether the Secretary of the NMED erred in denying NENMRL’s requested permit modification to handle and dispose of certain nonhazardous special wastes.
• Whether the Secretary’s decision to grant a permit modification to NENMRL for the acceptance of municipal solid waste via railroad transport was in error.

Disposition

• The Secretary’s decision to deny the permit modification for handling certain nonhazardous special wastes was affirmed.
• The Secretary’s decision to grant the permit modification for the acceptance of municipal solid waste via railroad transport was also affirmed.

Reasons

• The Court of Appeals of New Mexico, per Judge Cynthia A. Fry, with Judges Linda M. Vanzi and Timothy L. Garcia concurring, found substantial evidence supporting the Secretary’s decisions. The court held that the Secretary did not act arbitrarily or capriciously in denying the permit modification for handling special wastes, citing NENMRL’s failure to provide specific estimates of the anticipated amount and frequency of disposal of special wastes and to address legitimate public concerns regarding the impact of such waste on the community and environment. The court also affirmed the Secretary’s grant of the permit modification for railroad transport, rejecting Concerned Citizens’ arguments that NENMRL had previously accepted waste by rail without authorization and that the application was incomplete due to the anticipated commercial hauler of waste by rail not being registered with NMED. The court concluded that the Secretary’s decisions were supported by substantial evidence and were not contrary to law, thereby affirming the final order in its entirety.