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

GORSUCH, Circuit Judge,

joined by TACHA, KELLY, O’BRIEN, TYMKOVICH, and HOLMES, Circuit Judges.

Everyone agrees that Hydro Resources, Inc. (“HRI”) must obtain a Safe Drinking Water Act (“SDWA” or “the Act”) permit to mine its property. The only question is: from whom? The Environmental Protection Agency (“EPA” or the “Agency”), which administers the Act, has chosen to delegate its permitting authority in the State of New Mexico to the New Mexico Environment Department (“NMED”), but with one exception: EPA has not delegated its authority to issue permits for mining activities on “Indian lands.”…