STATE OF NEVADA, ex rel., Robert R. LOUX, Director of the Nevada Nuclear Waste Project Office, Petitioner,
v.
John HERRINGTON, Secretary of the United States Department of Energy, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 12, 1985.
Decided December 2, 1985.
Attorney(s) appearing for the Case
Malachy R. Murphy, James H. Davenport, Olympia, Wash., Harry W. Swainston, Dep. Atty. Gen., Carson City, Nev., for petitioner.
Kenneth O. Eikenberry, Atty. Gen., Charles B. Roe, Jr., Sr. Asst. Atty. Gen., Charles W. Lean, Asst. Atty. Gen., Olympia, Wash., amicus curiae, for State of Wash.
Jim Mattox, Atty. Gen. of Tex., David R. Richards, Executive Asst. Atty. Gen., Ben F. McDonald, Energy & Env. Protection Div., Renea Hicks, Asst. Atty. Gen., Austin, Tex., for State of Tex.
Hubert H. Humphrey, III, Atty. Gen., St. Paul, Minn. Jocelyn Furtwangler Olson, Sp. Asst. Atty. Gen., Roseville, Minn., for State of Minn.
David L. Wilkinson, Atty. Gen., Fred Nelson, Asst. Atty. Gen., Michael M. Later, Rooker, Larsen, Kimball & Parr, Salt Lake City, Utah, for State of Utah.
Martin W. Matzen, Dept. of Justice, Washington, D.C., for respondent.
Michael A. Bauser, Jill E. Grant, Newman & Holtzinger, P.C., Washington, D.C., for Utilities.
Before MERRILL and FARRIS, Circuit Judges, and JAMESON, District Judge.
United States Court of Appeals, Ninth Circuit.
OPINION
FARRIS, Circuit Judge:
STATEMENT OF THE CASE:
Nevada seeks funding of technical studies designed to evaluate whether its Yucca Mountain site should be used as a nuclear waste repository. Nevada also seeks a judgment declaring unlawful the Department of Energy's revised Internal General Guidelines on Nuclear Waste Repository Program Grants. This case is a direct appeal from the Secretary of Energy...
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