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YANKTON SIOUX TRIBE v. U.S. ENVIRON. PROTECTION AGENCY

No. Civ 96-4268.

950 F.Supp. 1471 (1996)

YANKTON SIOUX TRIBE, a federally recognized tribe of Indians, and its individual members, and Darrell E. Drapeau, individually, a member of the Yankton Sioux Tribe, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States District Court, D. South Dakota, Southern Division.

December 11, 1996.

Attorney(s) appearing for the Case

James G. Abourezk, Abourezk Law Offices, Sioux Falls, SD, for petitioners.

Joshua M. Levin, U.S. Department of Justice, Washington, DC, Karen E. Schreier, U.S. Attorney, Bonnie P. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, Andrew Gordon, Thomas Speicher, Office of General Counsel, Washington, DC, Thomas A. Speicher, U.S. Environmental Protection Agency, Denver, CO, Andrew Gordon, Environmental Protection Agency, Washington, DC, Jack McGraw, U.S. Environmental Protection Agency, Denver, CO, Joshua M. Levin, Department of Justice, Land & Natural Resources Division, Washington, DC, Lois J. Schiffer, U.S. Department of Justice, Environmental Defense Section, Washington, DC, for respondent.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

The petitioners, Yankton Sioux Tribe and Darrell E. Drapeau (the Tribe), filed on September 17, 1996, and then later amended, a petition for judicial review of a June 26, 1996, final decision of the United States Environmental Protection Agency, Region VIII (EPA). In the final administrative decision at issue, the EPA granted the request of Southern Missouri Recycling and Waste Management District, the...

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