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 concerns the Waste Isolation Pilot Plant (WIPP), a facility for the underground storage of radioactive waste in New Mexico. The New Mexico Environment Department issued a permit for the facility, which included a condition regarding the characterization of waste. The dispute arose over whether a modification to this condition, which clarified its application to waste disposed of after the permit's effective date, was a minor or major modification under the New Mexico Hazardous Waste Act (paras 1-2, 17).
Procedural History
- State ex rel. Madrid v. Richardson, 39 F. Supp. 2d 48 (D.C. Cir. 1999): The federal court denied New Mexico's request to enjoin the shipment of non-mixed waste to WIPP before the issuance of the hazardous waste permit (para 7).
- Southwest Research & Information Center v. New Mexico Environment Department, No. 20,877 (Ct. App. filed Oct. 20, 2000): Both DOE and Southwest Research appealed the Secretary's final order issuing the permit. The appeal was later dismissed by stipulation (paras 12-13).
Parties' Submissions
- Appellants (Southwest Research and others): Argued that the modification to the permit condition was a major change because it allowed mixed waste to be stored in a panel containing uncharacterized non-mixed waste, contrary to the original permit. They also contended that a public hearing was required due to significant public interest (paras 17, 39).
- Appellees (New Mexico Environment Department and others): Asserted that the modification was minor, as it merely clarified the Secretary's original intent that the condition applied only to waste disposed of after the permit's effective date. They also argued that no public hearing was required (paras 18, 39).
Legal Issues
- Was the modification to the permit condition a minor or major modification under the New Mexico Hazardous Waste Act?
- Was the Secretary required to hold a public hearing on the modification due to significant public interest?
Disposition
- The Court of Appeals of New Mexico affirmed the Secretary's determination that the modification was minor and did not require a public hearing (para 41).
Reasons
Per Fry J. (Pickard J. concurring):
The Court held that the modification was minor because it merely clarified the Secretary's original intent, as stated in the final order, that the condition applied only to waste disposed of after the permit's effective date. The Court emphasized that the Secretary's intent was clear from the contemporaneous explanation in the final order, and the modification did not substantively alter the permit's conditions or reduce its capacity to protect public health and the environment (paras 35-36).
The Court also found that the Secretary did not abuse his discretion in declining to hold a public hearing. The modification was administrative in nature, and there had already been significant public participation during the original permitting process. The Court noted that the Act does not require a hearing for every administrative detail concerning the facility (paras 39-40).
Wechsler J., dissenting in part:
Wechsler J. disagreed with the majority's characterization of the modification as minor. He argued that the original condition, as adopted in the final order, prohibited the disposal of mixed waste in a panel containing uncharacterized non-mixed waste, regardless of when the non-mixed waste was disposed. He contended that the modification substantively altered the condition and should have been treated as a major modification requiring a public hearing. He emphasized the importance of public participation in decisions affecting public health and the environment (paras 43-58).