Environmental Issues

摘要

Tenth Circuit Vacates EPA's Determination that Mine Property Is Indian Land for Safe Drinking Water Act UIC Permitting Authority On June 15, 2010, a sharply divided full Tenth Circuit reversed a Tenth Circuit Panel's decision and vacated the U.S. Environmental Protection Agency's (EPA) determination that mine property qualifies as Indian land and is subject to EPA permitting authority under the Safe Drinking Water Act (SDWA). Hydro Resources, Inc. v. U.S. Environmental Protection Agency, 608 F.3d 1131 (10th Cir. 2010). The majority of the court held that the mine property is not Indian land and, as a result, the New Mexico Environment Department (NMED) is the proper agency to issue an underground injection control (UIC) well permit for the mine project under the SDWA.