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HYDRO RESOURCES, INC. v. U.S. E.P.A.

No. 07-9506.

562 F.3d 1249 (2009)

HYDRO RESOURCES, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Navajo Nation, Intervenor, State of New Mexico; National Mining Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 17, 2009.

Attorney(s) appearing for the Case

Marc D. Flink (Benjamin D. Pergament, Baker & Hostetler LLP, Denver, CO & Jon J. Indall, Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, NM, with him on the briefs) Baker & Hostetler LLP, Denver, CO, for Petitioner.

David A. Carson (Ronald J. Tenpas & John C. Cruden, with him on the briefs), U.S. Department of Justice, Environment & Natural Resources Division, Denver, CO, for Respondent.

Paul E. Frye (Louis Denetsosie, Attorney General, Navajo Nation Department of Justice, Window Rock, AZ & Jill E. Grant, Nordhaus Law Firm, LLP, Washington, DC, with him on the briefs), Frye Law Firm, P.C., Albuquerque, NM, for Intervenor.

Gary K. King, Attorney General, Christopher D. Coppin, Assistant Attorney General, Albuquerque, New Mexico, and Hilary C. Tompkins, Office of the Governor, Santa Fe, New Mexico, filed an Amicus Curiae brief for the State of New Mexico.

Anthony J. Thompson and Christopher S. Pugsley, Thompson & Simmons, PLLC, Washington, D.C., filed an Amicus Curiae brief for National Mining Association in support of Petitioner.

Before LUCERO and EBEL, Circuit Judges, and FRIZZELL, District Judge.

EBEL, Circuit Judge.

Petitioner Hydro Resources, Inc. ("HRI") challenges a February 6, 2007, U.S. Environmental Protection Agency ("EPA") Land Status Determination, in which EPA concluded that certain land owned by HRI in the "checkerboard" area of northwestern New Mexico—the so-called "Section 8" land—is "Indian country." EPA's Determination subjects HRI's proposed uranium mine to EPA regulation under the Safe Drinking Water Act ("SDWA"), 42 U.S.C....

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