Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission.
These regulations, popularly known as the “Copper Rule,” have attracted considerable attention in the news media. I won’t comment on the merits, however, since I represent several parties in this ongoing matter.
UPDATE (April 9, 2015): The Albuquerque Journal has this story about the opinion.
