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HRI, INC. v. E.P.A.

Nos. 97-9556, 97-9557.

198 F.3d 1224 (2000)

HRI, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Navajo Nation, Intervenor, Beverly Martin, Amicus Curiae. New Mexico Environment Department, Petitioner, v. United States Environmental Protection Agency, Respondent. Navajo Nation, Intervenor, Beverly Martin, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 6, 2000.

Attorney(s) appearing for the Case

Paul E. Frye, Nordhaus, Haltom, Taylor, Taradash & Frye, LLP, Albuquerque, New Mexico (Daniel I.S.J. Rey-Bear and Jill E. Grant of Nordhaus, Haltom, Taylor, Taradash & Frye, LLP and Herb Yazzie, Attorney General, and James R. Bellis, Assistant Attorney General, Navajo Nation Department of Justice, Window Rock, Arizona, with him on the brief) for the Intervenor, Navajo Nation.

Jeptha P. Hill, Law Office of Jep Hill, Austin, Texas, for the Petitioner, HRI, Inc.

Susan M. McMichael, Special Assistant Attorney General (Carl John McKay, Assistant General Counsel, with her on the brief) Santa Fe, New Mexico, for the Petitioner, New Mexico Environment Department.

Thomas Allen Lorenzen, Environmental Defense Section, US Department of Justice (Lois J. Schiffer, Assistant Attorney General, Environment & Natural Resources Division with him on the brief), Washington, D.C., for the Respondent, Environmental Protection Agency.

Johanna Matanich and Roderick Ventura, DNA — People's Legal Services, Inc., Crownpoint, New Mexico, filed an amicus curiae brief for Beverly Martin.

Before EBEL, BRISCOE and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This case involves petitions for review of actions by the United States Environmental Protection Agency ("EPA") under the Safe Drinking Water Act ("SDWA"), 42 U.S.C. §§ 300f to 300j-26. Petitioners Hydro Resources, Inc. ("HRI") and New Mexico Environment Department ("NMED") challenge EPA's decision to implement the direct federal underground injection control ("UIC") program on certain New Mexico lands, the jurisdictional status of...

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