Concurring opinion filed by Circuit Judge KAVANAUGH.
United States Court of Appeals, District of Columbia Circuit.
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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