Hydro Resources, Inc. v. United States Environmental Protection Agency

EBEL, Circuit Judge.

Petitioner Hydro Resources, Inc. (“HRI”) challenges a February 6, 2007, U.S. Environmental Protection Agency (“EPA”) Land Status Determination, in which EPA concluded that certain land owned by HRI in the “checkerboard” area of northwestern New Mexico—the so-called “Section 8” land—is “Indian country.” EPA’s Determination subjects HRI’s proposed uranium mine to EPA regulation under the Safe Drinking Water Act (“SDWA”), 42 U.S.C. §§ 300f-300j(26), rather than regulation by the New Mexico Environmental Department (“NMED”).

EPA’s regulations implementing the SDWA define Indian…