LEGAL ENVIRO. ASSISTANCE FOUNDATION v. U.S. E.P.A.

No. 00-10381.

276 F.3d 1253 (2001)

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Eleventh Circuit.

December 21, 2001.


Attorney(s) appearing for the Case

David A. Ludder, Legal Environmental Assistance Foundation, Tallahassee, FL, for Petitioner.

Christopher S. Vaden, Dept. of Justice Environmental Protection Agency, Joshua Emerson Swift, U.S. Dept. of Justice, Washington, DC, Strudwick Marvin Rogers, Asst. Atty. Gen., Office of State Oil & Gas Bd., Tuscaloosa, AL, Andrew Robert Greene, Bradley, Arant, Rose & White, LLP, Birmingham, AL, for Respondent.

Scott B. Smith, Bradley, Arant, Rose & White, Birmingham, AL, for Amicus Curiae Coalbed Methane Ass'n.

James Berry St. John, Jr., Liskow & Lewis, New Orleans, LA, for Amicus Curiae American Petroleum Institute.

Craig Wyman, Liskow & Lewis, New Orleans, LA, Robert F. Van Voorhees, Bryan, Cave, LLP, Washington, DC, for Amicus Curiae.

Before BLACK and MARCUS, Circuit Judges, and HANCOCK, District Judge.


BLACK, Circuit Judge:

Petitioner, the Legal Environmental Assistance Foundation (LEAF), seeks review of the United States Environmental Protection Agency's (EPA's) approval of Alabama's revised underground injection control (UIC) program for the underground injection of hydraulic fracturing fluids to enhance the recovery of methane gas from coal beds. For the reasons discussed below, we deny in part and grant in part the...

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