EL PASO NATURAL GAS CO. v. U.S.

Nos. 10-5080, 10-5090.

632 F.3d 1272 (2011)

EL PASO NATURAL GAS COMPANY, Appellant v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2011.


Attorney(s) appearing for the Case

Jerry Stouck argued the cause for appellant El Paso Natural Gas Company. David A. Taylor , pro hac vice, argued the cause for Navajo Nation. With them on the briefs were Robert Charrow , Maggie Sklar , Thomas L. Sansonetti , Troy A. Eid , William G. Myers III , Christopher J. Neumann , and Paul E. Frye .

Michael T. Gray , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Robert H. Oakley , Attorney. Eric G. Hostetler , Attorney, and R. Craig Lawrence , Assistant U.S. Attorney, entered appearances.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

This case concerns two sites on Navajo tribal lands that the Navajo Nation alleges were contaminated by World War II and Cold War era uranium mining. Pursuant to the Uranium Mill Tailings Remediation and Control Act (UMTRCA), which created a mechanism to cleanup after such activities, the Navajo Nation asked the Department of Energy to remediate both sites. The department refused, and the district court declined to review that decision, relying...

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