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WESTERN NEBRASKA RESOURCES COUNCIL v. U.S. E.P.A.

No. 90-2158.

943 F.2d 867 (1991)

WESTERN NEBRASKA RESOURCES COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Ferret Exploration Company of Nebraska, Intervenor, State of Nebraska, Department of Environmental Control, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided September 3, 1991.

Attorney(s) appearing for the Case

Andrew B. Reid, Chadron, Neb., for appellant.

Jon M. Lipshultz, Washington, D.C., argued (Richard B. Stewart, Jon M. Lipshultz and Randolph L. Hill, Washington, D.C., Patricia G. Miller, Kansas City, Kan., on the brief), for appellee.

Before McMILLIAN, ARNOLD and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

In 1983, the State of Nebraska exempted 3,000 acres of the Basal Chadron aquifer from the state's Underground Injection Control (UIC) program and petitioned the U.S. Environmental Protection Agency to approve that exemption under the Safe Drinking Water Act (SDWA), 42 U.S.C. §§ 300f et seq. The exemption was sought to permit injection-process mining of uranium ore deposits located in...

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