AMERICAN MIN. CONGRESS v. THOMAS

Nos. 83-1014, 83-1041, 83-1206 and 83-1300.

772 F.2d 617 (1985)

AMERICAN MINING CONGRESS, United Nuclear Corporation, Homestake Mining Company, Quivira Mining Company, Kerr-McGee Corporation, Sierra Club, the Environmental Defense Fund, Inc., National Resources Defense Council, Southwest Research and Information Center, and Jean Slattery, Petitioners, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, and Environmental Protection Agency, Respondents. State of Colorado, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 3, 1985.


Attorney(s) appearing for the Case

Anthony J. Thompson (Charles E. Sliter, Robert F. Reklaitis, Edward S. Shipper, Jr. and Edward A. McCabe, Washington, D.C., of counsel, with him on briefs), of Hamel, Park, McCabe & Saunders, Washington, D.C., for American Mining Congress.

Peter J. Nickles (Charles H. Montange, Richard A. Meserve and William F. Greaney, also of Covington & Burling, Washington, D.C., and G. Stanley Crout, Sunny J. Nixon and Michael S. Yesley of Stephenson, Carpenter, Crout & Olmstead, Santa Fe, N.M., with him on briefs), for United Nuclear Corp., Kerr-McGee Nuclear Corp., Kerr-McGee Corp., and Homestake Mining Co.

Roger Beers (Kathryn Burkett Dickson, also of Beers & Dickson, San Francisco, Cal., and Robert E. Yuhnke, Environmental Defense Fund, Boulder, Colo., with him on briefs), for Sierra Club, Environmental Defense Fund, Natural Resources Defense Council, Southwest Research and Information Center and Jean Slattery.

David W. Zugschwerdt, Atty. (F. Henry Habicht, II, Acting Asst. Atty. Gen., Jose R. Allen, Atty., also of Dept. of Justice, Washington, D.C., and A. James Barnes, Acting Gen. Counsel, William F. Pedersen, Associate Gen. Counsel, and Charles S. Carter, Asst. Gen. Counsel, of counsel, E.P.A., Washington, D.C., with him on briefs), for respondents.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard F. Forman, Sol. Gen., and Richard L. Griffith, Asst. Atty. Gen., Denver, Colo., filed briefs for State of Colo.

Walter Perry, III, Sr. Asst. Atty. Gen., Dennis M. Boal, Asst. Atty. Gen., James M. Ellerbe, Legal Intern, Cheyenne, Wyo., filed an amicus curiae brief for State of Wyo.

Before LOGAN and McWILLIAMS, Circuit Judges, and BOHANON, District Judge.


LOGAN, Circuit Judge.

These consolidated cases involve challenges to the Environmental Protection Agency's (EPA) standards for the cleanup and disposal of uranium mill tailings originating from designated inactive mill sites. The EPA established these standards pursuant to its authority under the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), as amended, 42 U.S.C. §§ 2022 and 7901-7942. The UMTRCA...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases