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1 IN RE RHINO ENVTL SERVS., 2003-NMCA-141, 134 N.M. 637, 81 P.3d 580 IN THE MATTER OF THE APPLICATION OF RHINO ENVIRONMENTAL SERVICES, PETITIONER FOR A SOLID WASTE LANDFILL PERMIT FOR THE RHINO SOLID WASTE FACILITY COLONIAS DEVELOPMENT COUNCIL, Appellant, v. RHINO ENVIRONMENTAL SERVICES, INC. and the NEW MEXICO ENVIRONMENT DEPARTMENT, Appellees.
Docket No. 22,932 COURT OF APPEALS OF NEW MEXICO 2003-NMCA-141, 134 N.M. 637, 81 P.3d 580 October 3, 2003, Filed ADMINISTRATIVE APPEAL FROM THE NEW MEXICO ENVIRONMENT DEPARTMENT, Peter Maggiore, Secretary of Environment. Certiorari Granted, No. 28,337, December 2, 2003. Released for Publication December 10, 2003. COUNSEL Nancy L. Simmons, Law Offices of Nancy L. Simmons, P.C., Albuquerque, NM, for Appellant. Clay Clarke, Assistant General Counsel, Special Assistant Attorney General, Santa Fe, NM, for Appellee The New Mexico Environment Dept. C. Shannon Bacon, John G. Baugh, Eaves, Bardacke, Baugh, Kierst & Kiernan, P.A., Albuquerque, NM, for Appellee Rhino Environmental Services, Inc. JUDGES MICHAEL VIGIL, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, IRA ROBINSON, Judge. AUTHOR: MICHAEL VIGIL. OPINION

VIGIL, Judge. {1} The Colonias Development Council (CDC) seeks to reverse a decision of the New Mexico Environment Department (NMED or the Department) issuing a permit to Rhino Environmental Services, Inc. (Rhino) to operate a landfill near Chaparral, New Mexico. We address CDC's claims that the Department did not comply with the Solid Waste Act, NMSA 1978,

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