OBJECTION AGAINST EIB FILED WITH APPELLATE COURT

Mr. Tom Hnasko, Attorney for the Alto CEP, has filed a formal objection with the New Mexico Court of Appeals addressing the Environment Improvement Board’s (EIB) August 2026 decision to reverse the air quality permit denial for the proposed Alto concrete batch plant.

In the submitted Docketing Statement, Mr. Hnasko outlined the now all too familiar issues with the EIB’s decision and decision making processes. In addition to ignoring the Court of Appeals’  instruction to provide a meaningful review of the full record of the case and all evidence presented, the EIB acted arbitrarily, abused its discretion and acted not in accordance with the law by:

• Again ignoring ample on-the-record technical evidence that demonstrated the proposed concrete batch plant emissions would significantly exceed applicable air quality standards  
• Again failing to consider EPA emission factors applicable to concrete batch plants
• Again not providing any findings or conclusions to support their decision to reverse the New Mexico Environment Department (NMED) Deputy Secretary’s May 2022 Final Order  to deny the air quality permit for the proposed concrete batch plant
• Violating  Alto CEP’s right to due process by not providing Alto CEP with sufficient notice of their deliberation of the case.

 Mr. Hnasko cited over 40 statues and legal precedents validating the issues being raised.  In conclusion, he requested the Court of Appeals reverse the EIB’s August 2026 decision and affirm the NMED’s Deputy Secretary’s decision to deny the air quality permit.  To read the full Docketing Statement click here.

The Court of Appeals must now decide how they will disposition the case; either by providing a written summary judgement with their final ruling or scheduling the case for additional briefing submissions and review by the Court.   We will provide updates on Court’s direction as they become available.