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ARCO OIL AND GAS CO. v. E.P.A.

No. 90-9545.

14 F.3d 1431 (1993)

ARCO OIL AND GAS COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

December 23, 1993.

Attorney(s) appearing for the Case

John F. Shepherd of Holland & Hart, Denver, CO (Jane L. Montgomery of Holland & Hart, Denver, Colorado, and William R. Keffer of Arco Oil & Gas Co., Dallas, TX, with him on the brief), for petitioner.

Bradley S. Bridgewater, Atty., Environmental Defense Section, Environment & Natural Resources Div., U.S. Dept. of Justice, Denver, CO (Richard B. Stewart, Asst. Atty. Gen., U.S. Dept. of Justice, Environment and Natural Resource Div., Denver, CO, Nandan Kenkeremath, Atty., Office of Gen. Counsel, U.S. E.P.A., Washington, DC, and Margaret J. Livingston, Atty., Office of Regional Counsel, U.S. E.P.A., Region VIII, Denver, CO, with him on the brief), for respondent.

Before ANDERSON, HOLLOWAY and TACHA, Circuit Judges.

HOLLOWAY, Circuit Judge.

ARCO Oil and Gas Company ("ARCO") petitions for review of a June 14, 1990 finding by the Administrator of the Environmental Protection Agency ("EPA") that EPA Region VIII properly required ARCO to obtain a Class I EPA permit pursuant to the Safe Drinking Water Act ("SDWA"), 42 U.S.C. §§ 300f to 300j-25 (1988), for operation of ARCO's Garcia # 1 injection well in Colorado. Prior to the EPA's reclassification of the well, the Garcia...

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