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"Community of Reference" Test for Indian Country Applied

By Shari Allison

Hydro Resources, Inc. v. U.S. EPA, 2009 WL 1027184 (4/17/09) (Published) - The 10th holds the EPA did not err in finding a checkerboard area in N.W. New Mexico is "Indian country." As a result, the uranium mining company has to deal with the EPA, not state authorities, for permission to help spread radioactivity throughout the land. The 10th reached its conclusion, even though there are no actual people who live in the land in question, the state and counties supply plenty of services nearby and non-Indians own the land. The land was within the province of the Church Rock Chapter. The 10th insists its "community of reference" test survived the S. Ct.'s decision in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998)...continue to full post

Full post as published by Tenth Circuit Blog on April 28, 2009 (boomark / email).