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LEAF v. EPA

No. 95-6501.

118 F.3d 1467 (1997)

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 7, 1997.

Attorney(s) appearing for the Case

David A. Ludder, Tallahassee, FL, for Petitioner.

James H. Curtin, Administrator, U.S. Environmental Protection Agency, Washington, DC, Robin L. Juni, Patricia Ross McCubbin, U.S. Justice Dept., Washington, DC, for Respondent.

Before BIRCH and CARNES, Circuit Judges, and MICHAEL, Senior District Judge.

BIRCH, Circuit Judge:

The issue in this petition for review is whether the United States Environmental Protection Agency ("EPA") is legally required to regulate hydraulic fracturing, a production enhancement technique used by the oil and gas industry, under the underground injection control ("UIC") programs established pursuant to Part C of the Safe Drinking Water Act ("SDWA"), 42 U.S.C. §§ 300h to 300h-8. EPA determined that hydraulic fracturing does not...

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