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STATE OF NEV. v. HERRINGTON

Nos. 86-7311, 86-7456.

827 F.2d 1394 (1987)

STATE OF NEVADA, et al., Petitioners, States of Wisconsin, Mississippi and Utah, Intervenors, v. John HERRINGTON, Secretary of the Department of Energy, Respondent. DEPARTMENT OF ECOLOGY OF the STATE OF WASHINGTON, et al., Petitioners, v. John HERRINGTON, Secretary of the Department of Energy, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1987.

Attorney(s) appearing for the Case

Michael M. Later, Salt Lake City, Utah, for intervenor State of Utah.

Sidney J. Martin, Jackson, Miss., for intervenor State of Miss.

Martin W. Matzen, Washington, D.C., for respondent.

Malachy R. Murphy, Olympia, Wash., for petitioners State of Nev.

Narda Pierce, Olympia, Wash., for intervenor State of Wash.

Carl A. Sindferbrand, Madison, Wis., for intervenor State of Wis.

Before SCHROEDER, WIGGINS and THOMPSON, Circuit Judges.

SCHROEDER, Circuit Judge:

Nevada, Washington, Utah, Mississippi, and Wisconsin petition this court for review of the Secretary of Energy's decision that the states may not use grant monies from the Nuclear Waste Fund to finance their participation in judicial review proceedings under the Nuclear Waste Policy Act of 1982, Pub.L. No. 97-425, 96 Stat. 2201 (codified at 42 U.S.C. §§ 10101-10226) (NWPA or Act). This is a direct appeal from the Secretary's final...

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