Appellate judges agree to rehear uranium case

Posted at: 08/25/2009 9:27 AM
By: The Associated Press

ALBUQUERQUE, N.M. (AP) - An appellate court will review an April ruling that a proposed uranium mine site in western New Mexico is on American Indian land.

The 10th U.S. Circuit Court of Appeals in Denver granted the request from Hydro Resources Inc., a Uranium Resources Inc. subsidiary.

The full court will reconsider a three-judge panel's decision.

The court says oral arguments probably will be set for January.

Hydro Resources had challenged a U.S. Environmental Protection Agency ruling that the site, surrounded by the Navajo Nation, constitutes "Indian country." The panel sided with the EPA.

The two-page court order, dated Monday, says judges received responses on the issue from the Navajo Nation and the EPA and friend of the court briefs from New Mexico and another uranium company, United Nuclear Corporation.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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