ELR Citation: ELR 20090
No(s). 07-9506 (10th Cir. Apr 17, 2009)

The Tenth Circuit denied a petition challenging the U.S. Environmental Policy Agency's determination that certain land owned by a mining company is "Indian country," thereby subjecting the company's proposed uranium mine to regulation under the Safe Drinking Water Act. The land at issue has been set aside by the federal government for use as Indian land, and the federal government is actively involved in superintending the land. In addition, there was an "element of cohesiveness" in the Native American community there.