Planned NM Mine Not On Indian Land: 10th Circ.

Law360, New York (June 15, 2010, 7:55 PM EDT) -- A federal appeals court ruled en banc Tuesday that the U.S. Environmental Protection Agency improperly designated Hydro Resources Inc.’s property as Indian country in a dispute over a proposed New Mexico uranium mine, wrongly subjecting the area to federal rather than state law.

The U.S. Court of Appeals for the Tenth Circuit vacated the EPA’s final land status determination for the site deeming it Indian land, finding that the test the agency had used to determine the land's status was barred by the U.S. Supreme Court's...
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