United States Tenth Circuit

In a petition for review of the EPA's determination that land owned by Plaintiff was "Indian country," the petition is denied, where Congress set aside the land for use by Indians as Indian land, the federal government was actively involved in superintending the land, and there was an "element of cohesiveness" in the community there.

Appellate Information

• Decided 04/17/2009
• Published 04/17/2009

Judges

• EBEL, Circuit Judge., Before LUCERO and EBEL, Circuit Judges, and FRIZZELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Marc D. Flink (Benjamin D. Pergament, Baker & Hostetler LLP, Denver, CO & Jon J. Indall, Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, NM, with him on the briefs) Baker & Hostetler LLP, Denver, CO, for Petitioner., Paul E. Frye (Louis Denetsosie, Attorney General, Navajo Nation Department of Justice, Window Rock, AZ & Jill E. Grant, Nordhaus Law Firm, LLP, Washington, DC, with him on the briefs), Frye Law Firm, P.C., Albuquerque, NM, for Intervenor., Gary K. King, Attorney General, Christopher D. Coppin, Assistant Attorney General, Albuquerque, New Mexico, and Hilary C. Tompkins, Office of the Governor, Santa Fe, New Mexico, filed an Amicus Curiae brief for the State of New Mexico., Anthony J. Thompson and Christopher S. Pugsley, Thompson & Simmons, PLLC, Washington, D.C., filed an Amicus Curiae brief for National Mining Association in support of Petitioner.


• For Appellees:
  
• David A. Carson (Ronald J. Tenpas & John C. Cruden, with him on the briefs), U.S. Department of Justice, Environment & Natural Resources Division, Denver, CO, for Respondent.