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10/03/08 - State fights Desert Rock

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The state of New Mexico filed a brief with the Washington, D.C.-based Environmental Appeals Board appealing the air permit granted July 31 to Desert Rock Power Plant. The appeals board can remand the permit if it agrees with the state's arguments. "The EAB can and should send this permit back to the EPA with an order to re-evaluate specific issues that we have outlined in our brief," Attorney General Gary King said. "The EPA has a legal obligation to give New Mexicans the full protections afforded to them under the Clean Air Act."