Tenth Circuit Sends New Mexico’s Waste Case Back to Lower Court

A federal appeals court sent back the US’s lawsuit over PFAS-control provisions in a New Mexico-issued hazardous waste permit to a federal district court for further proceedings.

The US Court of Appeals for the Tenth Circuit Tuesday reversed the US District Court for the District of New Mexico’s 2022 ruling, which said it lacked jurisdiction over the federal government’s lawsuit and dismissed the complaint.

“We reverse the district court’s order dismissing this action and remand for further proceedings consistent with this order and judgment,” wrote Chief Judge Jerome A. Holmes for the case, which was also heard by Judges ...