Southwest Organizing Project v. Albuquerque-Bernalillo County Air Control Board

Overview

Southwest Organizing Project v. Albuquerque-Bernalillo County Air Control Board (New Mexico Court of Appeals, October 15, 2020): The court upheld the grant of an authority-to-construct permit for a gasoline plant pursuant to the New Mexico Air Quality Control Act, determining that the Board and the City of Albuquerque Environmental Health Department (EHD) did not have to consider whether there was a reasonable probability that granting the permit would cause injury to health or property. EHD’s issuance of a permit for operation of a bulk gasoline plant was challenged by the Southwest Organizing Project, which alleged that the Board and EHD failed to consider whether air emissions pose a reasonable public health risk. While the court found that the Board must determine which quantities of air contaminants may cause reasonably probable injury to engage in rulemaking, this does not establish an independent standard applicable to the permitting process. Read the decision here.

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