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STATE OF TENN. v. HERRINGTON

Nos. 85-3859, 86-5087 and 86-5168.

806 F.2d 642 (1986)

STATE OF TENNESSEE, Plaintiff-Appellee (Nos. 86-5087, 86-5168), Petitioner (No. 85-3859), v. John HERRINGTON, Secretary of Energy, Defendant-Appellant (Nos. 86-5087, 86-5168), Respondent (No. 85-3859).

United States Court of Appeals, Sixth Circuit.

Decided November 25, 1986.

Rehearing and Rehearing Denied December 31, 1986.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen., John Knox Walkup, Chief Deputy Atty. Gen., Frank J. Scanlon (argued), Deputy Atty. Gen., Nashville, Tenn., for State of Tenn.

Alan Bates, Natural Rights Center, Summertown, Tenn., amicus curiae.

J. Carol Williams, Dept. of Justice, Washington, D.C., Dirk D. Snel, Glen D. Nager (argued), James C. Thomason, Asst. U.S. Atty., Nashville, Tenn., for Secretary of Energy.

Jay Silberg, Washington, D.C., for amicus curiae, Baltimore Gas & Elec. Co., et al.

Before KENNEDY and WELLFORD, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 31, 1986.

CORNELIA G. KENNEDY, Circuit Judge.

This case presents for review two issues of statutory construction: (1) whether the federal courts of appeals have original jurisdiction to review the actions of the Secretary of Energy ("Secretary") regarding his compliance with the consultation and cooperation requirements of the Nuclear Waste Policy Act of 1982, 42 U.S.C. § 10101 et seq. ("NWPA" or...

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