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BACKCOUNTRY AGAINST DUMPS v. E.P.A.

No. 95-1343.

100 F.3d 147 (1996)

BACKCOUNTRY AGAINST DUMPS and Donna Tisdale, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Muht-Hei, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1996.

Attorney(s) appearing for the Case

Alan C. Waltner, Oakland, CA, argued the cause and filed the briefs, for petitioners.

Robert I. Dodge, Attorney, United States Department of Justice, Washington, DC, argued the cause for respondent. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and Andrew G. Gordon, Attorney, Environmental Protection Agency. J. Steven Rogers, Attorney, United States Department of Justice, entered an appearance.

Kevin Gover, Albuquerque, NM, argued the cause for intervenor Campo Band of Mission Indians. With him on the brief were Kathrine E. Currie and Taylor O. Miller, Sacramento, CA. Irwin D. Karp, Sacramento, CA, and Kimberly M. McCormick, San Diego, CA, entered appearances.

John H. Dossett, Washington, DC, was on the brief for amicus curiae National Congress of American Indians. Joel H. Mack, San Diego, CA, entered an appearance for intervenors Muht-Hei, Inc., et al.

Before: WALD, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Campo Band of Mission Indians, a small tribe in San Diego County, California, applied to the Environmental Protection Agency for approval of its solid waste permitting plan pursuant to the Resource Conservation and Recovery Act. That Act requires states to submit solid waste permitting plans to the agency for approval. The Act defines Indian tribes as municipalities, not states,...

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