Legal Opinion

Northern Plains Resource Council v. Fidelity Exploration and Development Company

Court of Appeals for the Ninth Circuit

Decided April 10, 2003No. 02-35836PublishedCited by 40 opinions

1Opinion of the Court

OPINION

GOULD, Circuit Judge.

Defendant-Appellee Fidelity Exploration & Development Company (“Fidelity”) extracts methane gas'for commercial sale from coal seams located deep underground in the Powder River Basin, Montana. In the process of extracting coal bed methane (CBM), Fidelity pumps groundwater to the surface and discharges this water into the Tongue River. The water discharged is “salty,” contains several chemical constituents identified as pollutants by Environ-' mental Protection Agency (EPA) regulations, has characteristics that may degrade soil, and is unfit for irrigation. The…

2Cases cited12 opinions

  1. United States v. Mead Corp.Supreme Court of the United States · 2001
  2. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  3. Eric D. Oliver v. Jerry Keller, Sheriff Kyle Edwards Dave SwiekertCourt of Appeals for the Ninth Circuit · 2002
  4. Roland C. Dubois and Restore: The North Woods v. United States Department of Agriculture, and Loon Mountain Recreation CorporationCourt of Appeals for the First Circuit · 1996
  5. Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
  2. Northwest Environmental Advocates v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2008
  3. Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2017
  4. Northwest Environmental Defense Center v. BrownCourt of Appeals for the Ninth Circuit · 2011
  5. Natural Resources Defense Council v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2008

35 more not listed; retrieve them via the Exa API.

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