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HYDRO RESOURCES, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY

No. 07-9506.

577 F.3d 1254 (2009)

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

United States Court of Appeals, Tenth Circuit.

August 24, 2009.

Attorney(s) appearing for the Case

Marc D. Flink, Baker & Hostetler, Denver, CO, Benjamin D. Pergament, Baker & Hostetler, New York, NY, for Petitioner.

Thomas Allen Lorenzen, United States Department of Justice, Washington, DC, David A. Carson, Environment and Natural Resources, Denver, CO, for Respondent.

David A. Taylor, Navajo Nation Department of Justice, Window Rock, AZ, Paul E. Frye, Frye Law Firm, PC, Albuquerque, NM, Jill E. Grant, Nordaus Law Firm, Washington, DC, for Intervenor.

Gary K. King, Attorney General, Office of the Attorney General, Albuquerque, NM, David K. Thomson, Assistant Attorney General, Office of the Attorney General, Hilary C. Tompkins, Office of the Governor, Santa Fe, NM, for Amicus Curiae.

Before HENRY, Chief Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

ORDER

This matter is before the court on the Petition For Rehearing En Banc filed by petitioner Hydro Resources, Inc. We also have responses from the EPA and Navajo Nation. In addition, we have amicus briefs from the state of New Mexico and United Nuclear Corporation. All of the materials were submitted to the active judges of the court with the exception of Judge Hartz, who is recused in this matter. A poll was called, and a majority voted to allow en banc...

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