This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a dispute over the New Mexico Environment Department's (NMED) approval of a permit modification request (PMR) by the United States Department of Energy (DOE) and Salado Isolation Mining Contractors, LLC, to modify the Waste Isolation Pilot Plant's (WIPP) operating permit. The modification includes the excavation of a new ventilation shaft and associated tunnels, which is a significant change to the facility's operations. The appellants, including Southwest Research and Information Center, argue that the modification is unnecessary for current operations and is intended to facilitate an unauthorized expansion of WIPP (paras 1, 10-11).
Procedural History
- Office of the Secretary of Environment: Approved the PMR for the fifth ventilation shaft at WIPP, adopting the hearing officer's findings and recommendations (para 5).
Parties' Submissions
- Appellants: Argued that the fifth ventilation shaft is unnecessary for current operations and is intended to support an unauthorized expansion of WIPP. They also challenged the exclusion of evidence regarding future expansion, the adequacy of public notice, and compliance with the C&C Agreement and the Appropriations Clause (paras 10-11, 26, 33, 46).
- Appellee (NMED): Argued that the PMR was necessary to restore ventilation capacity lost after a 2014 radiological event and to ensure worker and environmental safety. They contended that the notice provided was adequate and that the hearing officer correctly excluded irrelevant evidence (paras 15-16, 28, 34).
Legal Issues
- Whether the NMED's approval of the PMR for a fifth ventilation shaft at WIPP was supported by substantial evidence and in accordance with the law.
- Whether the exclusion of evidence regarding potential future expansion of WIPP was proper.
- Whether the public notice provided by NMED was adequate.
- Whether the approval of the PMR violated the C&C Agreement and the Appropriations Clause of the United States Constitution.
Disposition
- The court affirmed the NMED's approval of the PMR for the fifth ventilation shaft at WIPP (para 47).
Reasons
Per Yohalem J. (Hanisee and Duffy JJ. concurring):
The court found that the NMED's decision to approve the PMR was supported by substantial evidence, including expert testimony that the modifications were necessary to restore ventilation capacity and ensure safety after a 2014 radiological event (paras 15-25). The exclusion of evidence regarding potential future expansion was deemed proper, as it was irrelevant to the current PMR proceedings, which focused on the need for modifications based on current operations (paras 26-32). The court also concluded that the public notice provided by NMED substantially complied with statutory requirements, allowing meaningful public participation (paras 34-45). Finally, the court did not address the arguments regarding the C&C Agreement and the Appropriations Clause, as they were based on the assumption of unauthorized expansion, which was not supported by the evidence (para 46).