AI Generated Opinion Summaries

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 New Mexico Cattle Growers’ Association (the Association) appealed a decision by the New Mexico Water Quality Control Commission (WQCC) that designated certain waters within United States Forest Service Wilderness Areas as Outstanding National Resource Waters. The Association argued that this designation was overly broad and contained procedural flaws. The appeal was challenged on the basis that the Association was not adversely affected by the regulations due to specific exemptions for grazing permittees (para 6).

Procedural History

• Appeal from the Water Quality Control Commission, Felicia L. Orth, Hearing Officer.
• Certiorari Granted, March 29, 2013, No. 34,010; Certiorari Quashed, October 4, 2013, No. 34,010. Released for Publication April 16, 2013.

Parties' Submissions

• Petitioner-Appellant (New Mexico Cattle Growers’ Association): Argued that the WQCC’s designation of waters as Outstanding National Resource Waters was too broad and contained fatal procedural flaws (para 5).
• Respondents-Appellees (New Mexico Water Quality Control Commission and Departments): Contended that the Association was not adversely affected by the regulations because grazing permittees were exempted from the requirements of Outstanding National Resource Waters, and thus, there would be no negative economic impact on grazing allotments (para 6).
• Intervenors-Appellees (Environmental Groups): [Not applicable or not found]

Legal Issues

• Whether the New Mexico Cattle Growers’ Association was adversely affected by the WQCC’s regulations, thus having the statutory requirement to pursue its appeal (para 1).

Disposition

• The appeal by the New Mexico Cattle Growers’ Association was dismissed due to failure to demonstrate that it was adversely affected by the WQCC’s regulations (para 17).

Reasons

• RODERICK T. KENNEDY, Judge, with CELIA FOY CASTILLO, Chief Judge, and LINDA M. VANZI, Judge concurring, found that the New Mexico Cattle Growers’ Association did not meet the statutory requirement of being adversely affected by the WQCC’s regulations to pursue an appeal. The court noted that the governing statute requires that only those adversely affected by a regulation may appeal from the regulation’s adoption. The Association failed to demonstrate any adverse effect or allege such effects in its testimony to the WQCC. Testimonies from the Association’s representatives did not establish how the designation of Outstanding National Resource Waters would directly impact the cattle industry or lead to negative economic effects. The court concluded that the Association’s concerns about future lawsuits and the difficulty of raising cattle in designated wilderness areas were not relevant to the issue of adverse effect required for standing to appeal (paras 1-16).