Court of Appeals for the Ninth Circuit April 10, 2003, 02-35836 (Northern Plains Resource Council v. Fidelity Exploration and Development Company)

OPINION

GOULD, Circuit Judge.

Defendant-Appellee Fidelity Exploration & Development Company (“Fidelity”) extracts methane gas'for commercial sale from coal seams located deep underground in the Powder River Basin, Montana. In the process of extracting coal bed methane (CBM), Fidelity pumps groundwater to the surface and discharges this water into the Tongue River.