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NM High Court Nixes Enviros' Copper Pollution Rule Suit

Law360 (March 9, 2018, 9:37 PM EST) -- The New Mexico Supreme Court on Thursday upheld a state copper mining groundwater pollution rule, rejecting challenges from environmentalists and the state’s attorney general who said it was not protective enough.

The challengers argued the 2013 Copper Rule, promulgated by the state Water Quality Control Commission, violates the state Water Quality Act by permitting rather than preventing groundwater contamination at open pit copper mining facilities. But a unanimous state high court said in an opinion upholding a lower court’s dismissal of the challenges that the commission...
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