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NORTHERN PLAINS RESOURCE v. FID. EXPLOR. AND DEV.

No. 02-35836.

325 F.3d 1155 (2003)

NORTHERN PLAINS RESOURCE COUNCIL, Plaintiff-Appellant, v. FIDELITY EXPLORATION AND DEVELOPMENT COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2003.

Attorney(s) appearing for the Case

Jack R. Tuholske, Missoula, MT, for Appellant.

Ronald Waterman and Jon Metropoulos, Gough, Shanahan, Johnson & Waterman, Helena, MT, for the appellee.

John B. Arum and Steven H. Chestnut, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for amicus curiae Northern Cheyenne Tribe.

Elizabeth A. Brennan, Rossbach Brennan, Missoula, MT, for amicus curiae Tongue & Yellowstone Irrigation District.

Brenda Lindlief Hall, Reynolds, Motl & Sherwood, for amicus curiae Tongue River Water Users' Association.

Michael S. Kakuk and Palmer Hoovestal, Hoovestal, Kakuk & Fanning, Helena, MT, for amicus curiae Western Environmental Trade Association.

Before REINHARDT, W. FLETCHER, and GOULD, Circuit Judges.

OPINION

GOULD, Circuit Judge.

Defendant-Appellee Fidelity Exploration & Development Company ("Fidelity") extracts methane gas for commercial sale from coal seams located deep underground in the Powder River Basin, Montana. In the process of extracting coal bed methane (CBM), Fidelity pumps groundwater to the surface and discharges this water into the Tongue River. The water discharged is "salty," contains several chemical constituents identified as pollutants...

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