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STATE OF TENN. v. HERRINGTON

Civ. A. No. 3-85-0959.

622 F.Supp. 923 (1985)

STATE OF TENNESSEE v. John HERRINGTON, Secretary of the United States Department of Energy.

United States District Court, M.D. Tennessee, Nashville Division.

November 26, 1985.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen., John Knox Walkup, Chief Deputy Atty. Gen., Frank J. Scanlon, Deputy Atty. Gen., Nashville, Tenn., for plaintiff.

Joe E. Brown, U.S. Atty., James C. Thomason, Asst. U.S. Atty., Nashville, Tenn., Wells D. Burgess, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Gregory Fess, Dept. of Energy, Gen. Counsel, Washington, D.C., for defendant.

MEMORANDUM

WISEMAN, Chief Judge.

This is a case of first impression and involves an issue of pressing national importance—the safe storage of nuclear waste.1 The case arises out of a dispute between the State of Tennessee and the United States Department of Energy ("DOE") over whether the DOE followed proper statutory procedures in identifying sites in Tennessee as candidates for the temporary storage of nuclear waste...

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