A New Mexico-based uranium producer plans to move forward with a mining operation in the western part of the state after that a federal appeals court ruled Tuesday that its land is not part of Indian Country.

The full 10th U.S. Circuit Court of Appeals in Denver ruled in a 6-5 decision that the U.S. Environmental Protection Agency erred when it determined that a parcel of land near the Navajo community of Church Rock was Indian land.

The decision means that Hydro Resources Inc. can seek an underground injection control permit from the state of New Mexico rather than the EPA, which has permitting authority on tribal lands.

Hydro Resources wants to inject chemicals into the ground to release uranium and pump the solution to the surface in a process called in-situ leaching.

City lawyers called on local Boy Scout officials to muster "the courage of their convictions" and challenge their national group's ban on gays as a trial over government funding opened Tuesday.

The city of Philadelphia wants to end its $1-a-year lease to the local Boy Scouts chapter unless it rejects a Boy Scouts of America policy banning "avowed" gays. The city says the national rule violates a local law banning discrimination on sexual-orientation and other grounds.

Local scout chapters, including the Cradle of Liberty Council in Philadelphia, have struggled in recent years to satisfy both public and private funders as well as their national leadership's dictums. The Boy Scout oath calls for members to be "morally straight," which the national group interprets to mean that gays cannot participate.

In 2004, the Philadelphia chapter agreed to ban any "unlawful" discrimination. But the city said the policy didn't go far enough, given that the U.S. Supreme Court in 2000 had said scouts and other private organizations can legally restrict membership.

The White House is expected to tap Kenneth Feinberg as the independent administrator of an oil-spill escrow fund being negotiated by BP PLC and the administration, according to U.S. officials.

In his Oval Office address Tuesday night, President Barack Obama said BP should establish a restitution fund with "whatever resources are required," controlled by an independent administrator.

Lawmakers have suggested BP contribute $20 billion to the fund, which would would compensate Gulf residents for losses associated with the oil spill.

Mr. Feinberg will run the claims process as independent third party.

The attorney has taken on a series of high-profile arbitration cases during his career. He is currently the U.S. government's pay czar, a role in which he butted heads with financial executives over their pay packages. He also oversaw the federal government's compensation fund for victims of the Sept. 11, 2001, terrorist attacks.

Corliss' lawyer, Mark Jay Heller, says the stunt jumper had already promised to avoid the building unless invited back. An Empire State Building spokeswoman didn't immediately return a call for comment Tuesday evening.

Corliss was the host of a Discovery Channel program called "Stunt Junkies" when he tried to parachute from the 86th-floor observation deck of the 102-story landmark in April 2006. Security guards stopped him.

The justices agreed to hear the state's appeal of a court order to reduce its inmate population by December 2011. The state argues that a panel of three federal judges overstepped its authority.

The administration of Gov. Arnold Schwarzenegger acknowledges the state's 33 adult prisons are filled beyond their intended capacity but says it has been making progress to improve health care for inmates. The case involves lawsuits that stretch back to 1990 and include repeated court findings of intolerable prison conditions that violate the Constitution.

At one point, a federal judge said incompetence and malfeasance in California's prison medical system was the cause of one inmate death per week. The prison health care system has operated under the authority of a court-appointed receiver since April 2006.

A death row inmate set to be executed by firing squad Friday is scrambling to block his execution after losing an appeal at the Utah Supreme Court and failing to persuade the state parole board to grant him clemency.

Ronnie Lee Gardner's attorneys are now ramping up a federal civil rights lawsuit filed last week against the Utah Board of Pardons and Parole. Gardner contends the commutation hearing process is tainted because lawyers that represent the board and the state prison all work for the Utah attorney general's office — the same entity that sought Gardner's death warrant and argued against a commuted sentence.

The case is assigned to U.S. District Judge Tena Campbell, but no hearing had been set Tuesday.

The parole board on Monday rejected Gardner's efforts to get his death sentence reduced to life in prison without parole, and hours later, the Utah Supreme Court unanimously denied Gardner's appeal.

In its 57-page ruling, justices said it was too late for Gardner to challenge his sentence and that he had been treated fairly throughout his 25 years of appeals.