WASHINGTON STATE BLDG. & CONST. v. SPELLMAN

Nos. C-81-154 RJM, C-81-190 RJM.

518 F.Supp. 928 (1981)

WASHINGTON STATE BUILDING & CONSTRUCTION TRADES COUNCIL AFL-CIO, a Washington Corporation and Labor Organization; Washington Voice of Energy, a Nonprofit Washington Corporation; U. S. Ecology, Inc., a California Corporation; Tri-City Nuclear Industrial Council, a Nonprofit Washington Corporation; Tri-State Motor Transit Co., a Delaware Corporation; Precision Castparts Corporation, an Oregon Corporation; Northern States Power Company, a Minnesota Corporation; and Chem-Nuclear Systems, Inc., a Washington Corporation, Plaintiffs, v. The Honorable John C. SPELLMAN, Governor of the State of Washington; the Honorable Kenneth Eikenberry, Attorney General of the State of Washington; and Alan J. Gibbs, Secretary of the State of Washington, Department of Social and Health Services, Defendants. UNITED STATES of America, Plaintiff, v. STATE OF WASHINGTON, John C. Spellman, Governor of the State of Washington, and Kenneth O. Eikenberry, Attorney General of the State of Washington, Defendants.

United States District Court, E. D. Washington.

June 26, 1981.


Attorney(s) appearing for the Case

Michael B. Crutcher, Robert L. Gunter, Preston, Thorgrimson, Ellis & Holman, Seattle, Wash., for Washington State Bldg. & Const. Trades Council.

Kenneth O. Eikenberry, Kenneth MacIntosh, Michael Hanbey, Asst. Attys. Gen., Seattle, Wash., for State of Wash., John C. Spellman, et al.

Thomas S. Martin, Acting Asst. Atty. Gen., Dennis G. Linder, Branch Director, Brook Hedge, Asst. Branch Director, Paul Gaukler, Thomas Millet, Attorneys, Dept. of Justice, Washington, D. C., for United States.


MEMORANDUM DECISION

ROBERT J. McNICHOLS, Chief Judge.

The plaintiffs in these cases challenge the constitutionality of Washington's Radioactive Waste Storage and Transportation Act of 1980, adopted by the voters as Initiative Measure No. 383 (Initiative). Since the plaintiffs' motions for summary judgment rest on substantially similar grounds, their motions were joined for purposes of argument.

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