Legal Environmental Assistance Foundation, Inc. v. United States Environmental Protection Agency
United States Court of Appeals for the Eleventh Circuit
118 F.3d 1467 (11th Cir. 1997)
Relevant factsFree
The EPA (defendant) determined the Safe Drinking Water Act didn't apply to hydraulic fracturing because hydrofracking wells were used primarily for gas production rather than for an injection-related purpose, and approved Alabama's underground-injection control program even though it didn't regulate hydrofracking. LEAF (plaintiff) petitioned the EPA to withdraw its approval of Alabama's program; the EPA denied the petition, and LEAF sought review.
IssueFree
Whether hydraulic fracturing is an underground injection under the Safe Drinking Water Act that must be regulated by the EPA.