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STATE OF NEV. v. WATKINS

Nos. 86-7308, 90-70004.

914 F.2d 1545 (1990)

STATE OF NEVADA, Richard H. Bryan, Governor of Nevada, Paul Laxalt, United States Senator, Chic Hecht, United States Senator, Barbara Vucanovich, United States Representative in Congress, Harry Reid, United States Representative in Congress, Petitioners, v. James D. WATKINS, Secretary of the United States Department of Energy, Respondent. STATE OF NEVADA, Petitioner, v. U.S. DEPARTMENT OF ENERGY, James D. Watkins, Secretary of the United States Department of Energy, Respondents, Arizona Public Service Company, Baltimore Gas & Electric Company, Carolina Power & Light Company, Consolidated Edison Company of New York, Inc., Detroit Edison Company, Duke Power Company, Duquesne Light Company, Florida Power & Light Company, Gulf States Utilities Company, Iowa Electric Light & Power Company, Madison Gas and Electric Company, New York Power Authority, Northeast Utilities, Northern States Power Company, Pennsylvania Power & Light Company, Public Service Electric & Gas Company, Union Electric Company, Virginia Power, Wisconsin Electric Power Company, Wisconsin Power and Light Company, and Wisconsin Public Service Corporation, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1990.

Attorney(s) appearing for the Case

Richard B. Stewart, Asst. Atty. Gen., Peter R. Steenland, Jr., and John A. Bryson, Dept. of Justice, Washington, D.C., for respondent.

Brian McKay, Atty. Gen., Harry W. Swainston, Deputy Atty. Gen., Carson City, Nev., for petitioners.

Jay E. Silberg and Mindy A. Buren, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for intervenors.

Before WALLACE, ALARCON and WIGGINS, Circuit Judges.

ALARCON, Circuit Judge:

The State of Nevada, Richard Bryan, Paul Laxalt, Chic Hecht, Barbara Vucanovich, and Harry Reid (Nevada) challenge the Secretary of Energy's decision to continue investigation of Yucca Mountain, Nevada as a potential site for the location of a national high-level radioactive waste repository, pursuant to the Nuclear Waste Policy Act of 1982 (NWPA), Pub.L. No. 97-425, 96 Stat. 2211 (1983) (now codified as amended at 42 U.S.C. §§ 10101...

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