IN RE AIKEN COUNTY

Nos. 10-1050, 10-1052, 10-1069, 10-1082.

645 F.3d 428 (2011)

In re AIKEN COUNTY, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2011.


Attorney(s) appearing for the Case

Andrew A. Fitz , Assistant Attorney General, Office of the Attorney General for the State of Washington, and Barry M. Hartman argued the cause for petitioners. With them on the briefs were Thomas R. Gottshall , Alexander Shissias , S. Ross Shealy , Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina, Robert M. McKenna , Attorney General, Office of the Attorney General for the State of Washington, Todd R. Bowers , Assistant Attorney General for the State of Washington, Christopher R. Nestor , William Henry Davidson II , Kenneth Paul Woodington , James Bradford Ramsay and Robin J. Lunt.

Michael A. Bauser and Anne W. Cottingham were on the brief for amicus curiae Nuclear Energy Institute in support of petitioners.

Ellen J. Durkee , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Robert Dreher , Principal Deputy Assistant Attorney General, Lisa E. Jones , Aaron P. Avila , and Allen Brabender , Attorneys, U.S. Department of Justice, John F. Cordes Jr. , Solicitor, Nuclear Regulatory Commission, Charles E. Mullins , Senior Attorney, Nuclear Regulatory Commission, and Jeremy M. Suttenberg , Attorney, Nuclear Regulatory Commission.

Martin G. Malsch , Charles J. Fitzpatrick , and John W. Lawrence were on the brief for intervenor State of Nevada in support of respondents.

Concurring opinion filed by Circuit Judge KAVANAUGH.


SENTELLE, Chief Judge:

Three state and local governmental units, along with individual citizens, petition this court for review of and other relief from two "determinations" made by the Department of Energy ("DOE") and the other respondents: the DOE's attempt to withdraw the application it submitted to the Nuclear Regulatory Commission ("NRC" or the "Commission") for a license to construct a permanent nuclear waste repository at Yucca Mountain, Nevada; and the DOE...

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