10th Circ. Sinks Ranch's Wastewater Facility Permit Challenge

Law360 (April 29, 2021, 7:54 PM EDT) -- The Tenth Circuit dismissed a ranch's challenge of a New Mexico wastewater treatment plant's water quality permit Thursday, finding it's acceptable the permit had less pollution limitations than prior approvals since it was issued for a larger plan to clean up a nearby river.

In a published opinion, a three-judge panel unanimously affirmed the U.S. Environmental Protection Agency's 2017 approval of a National Pollutant Discharge Elimination System Permit for the City of Ruidoso Downs and Village of Ruidoso Wastewater Treatment Plant in south central New Mexico. The panel found that the EPA acted lawfully when it relaxed pollution limitations for the...

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