APPELLATE COURT REVERSES EIB APPROVAL OF ALTO CONCRETE BATCH PLANT
The New Mexico Court of Appeals has ruled to reverse the Environmental Improvement Board’s (EIB) decision to overturn the New Mexico Deputy Secretary of the Environment’s original denial of the Air Quality Permit for the proposed Alto Concrete Batch Plant, and remand the matter back to the EIB. With this order the proposed Alto Concrete Batch Plant no longer retains a valid permit for plant construction or plant operations.
The Court of Appeals found several faults and errors with EIB’s decision which led to their conclusion to overturn. To summarize, the court ruled that:
- The EIB’s final order was not based on substantial evidence and otherwise not in accordance with law
- The EIB failed to address errors in the emission modeling provided by the Alto Concrete Batch Plant
- Procedural irregularities during the EIB proceedings violated Alto Collation for Environmental Preservation’s due process rights as the plaintiff
- The EIB erred in concluding that it lacked jurisdiction over the use of the EPA emission standard for concrete batch plant haul roads
The full court order can be downloaded here.
The Ruidoso News article on this ruling can be read here.
At this point we do not know what process the EIB may invoke for the reconsideration ordered by the Court of Appeals.
Further updates on this matter will be provided as the situation develops.
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The Alto Coalition for Environmental Preservation (Alto CEP) is a New Mexico Non-Profit Corporation and 501(c)(3) public charity, run by non-paid volunteers. The Alto CEP works to preserve and sustain the environment of our beautiful mountain surroundings, through community involvement, education and action.
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