WHY IS OUR LEGAL FIGHT STILL RELEVANT?
In spite of the activities on the lot of the proposed concrete batch plant, the legal issues we have raised are not a done deal.
The New Mexico Court of Appeals has agreed to review our cases.
We are awaiting assignment of a panel of three judges in the New Mexico Court of Appeals to review the “Environmental Improvement Board’s” decision to overturn the New Mexico Secretary of the Environment’s order to deny of the air quality permit for the proposed concrete batch plant.
Why is this still relevant? Because the “Environmental Improvement Board” ignored evidence we presented showing the proposed plant would not meet the required air quality standards, among other legal issues with their decision.
Should the appellate court agree with us, the air quality permit for the plant will be invalided. Construction and operation of the proposed plant could not legally continue.
The New Mexico Court of Appeals will also review our motion to halt construction of the proposed plant, while the “Environmental Improvement Board’s” decision to overturn the Secretary of the Environment’s order is reviewed by the court. A ruling from the appellate court on this motion is anticipated soon after the judges are assigned, which is expected to occur right after the first of the year.
Should the appellate court approve of this motion, construction of the proposed plant cannot legally continue.
Check back to altocep.org for further updates.