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STATE OF TEXAS v. UNITED STATES DEPT. OF ENERGY

No. 84-4826.

764 F.2d 278 (1985)

STATE OF TEXAS, Delbert L. Devin, et al., Petitioners, v. UNITED STATES DEPARTMENT OF ENERGY, and Donald Paul Hodel, Secretary, United States Department of Energy, Respondent.

United States Court of Appeals, Fifth Circuit.

June 19, 1985.

Attorney(s) appearing for the Case

Renea Hicks, Asst. Atty. Gen., Austin, Tex., for petitioners.

Hector & Associates, Alice G. Hector, Hollis A. Whitson, Albuquerque, N.M., for D. Devin, et al.

Michael A. Bauser, Washington, D.C., for amicus curiae Arizona Nuclear Power.

John A. Bryson, Dept. of Justice, Appellate Sec., Land & Natural Resources Div., Martin W. Matzen, Atty., Washington, D.C., for U.S. Dept. of Energy.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

On December 19, 1984 the State of Texas and several of its citizens filed petitions in this court challenging certain actions taken by the Secretary of Energy under the Nuclear Waste Policy Act of 1982, 42 U.S.C. § 10101 et seq. The petitions sought review of the Secretary's designation of two sites in Texas as potentially acceptable for development as nuclear waste repositories...

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