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Phillips Petroleum Co. v. United States Environmental Protection Agency

803 F.2d 545 (1986)

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Phillips Petroleum Co. v. United States Environmental Protection Agency

United States Court of Appeals for the Tenth Circuit
803 F.2d 545 (1986)

Facts

The United States Environmental Protection Agency (EPA) (defendant) prescribed an underground injection-control program for the Osage Indian tribe’s mineral reserve to protect groundwater pursuant to the Safe Drinking Water Act (SDWA). Phillips Petroleum Company (Phillips) (plaintiff) petitioned the United States Court of Appeals for the Tenth Circuit for review of the underlying EPA regulation. Phillips argued that the EPA’s authority to implement federal environmental programs was limited to areas in which state governments also had environmental regulatory authority but failed to exercise it. Because the Osage reserve was not an area over which the Oklahoma government could exercise jurisdiction, Phillips argued, the EPA similarly lacked the authority to carry out the program.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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