The STATE OF NEW YORK, the County of Allegany, New York and the County of Cortland, New York, Plaintiffs-Appellants,
v.
The UNITED STATES of America; James D. Watkins, as Secretary of Energy; Kenneth M. Carr, as Chairman of the United States Nuclear Regulatory Commission; the United States Nuclear Regulatory Commission; Samuel K. Skinner, as Secretary of Transportation; and Richard Thornburgh, as United States Attorney General, Defendants-Appellees,
State of Washington; State of Nevada; and State of South Carolina, Intervenors-Appellees,
American College of Nuclear Physicians; Arizona Public Service Company; Baltimore Gas & Electric Company; California Radioactive Materials Management Forum, Inc.; Commonwealth Edison Company; Florida Power & Light Company; Gulf States Utilities Company; Mallinkrodt Medical, Inc.; Pacific Gas & Electric Co.; Public Service Company of Colorado; Society of Nuclear Medicine; Southern California Edison Co., Amici Curiae.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 21, 1991.
Decided August 8, 1991.
Attorney(s) appearing for the Case
Peter Schiff, Deputy Sol. Gen., State of N.Y. (Robert Abrams, Atty. Gen., O. Peter Sherwood, Sol. Gen., John McConnell, Asst. Atty. Gen., of counsel) for plaintiff-appellant State of N.Y.
Edward F. Premo, II, Harter, Secrest & Emery, Rochester, N.Y. (Paul D. Sylvestri, of counsel) for plaintiff-appellant County of Allegany, N.Y.
Deborah Goldberg, Berle, Kass & Case, New York City (Michael B. Gerrard, of counsel) for plaintiff-appellant County of Cortland, N.Y.
Jeffrey P. Kehne, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, D.C. (Anne S. Almy and Louise F. Milkman, of counsel) for defendants-appellees.
Allen T. Miller, Jr., Asst. Atty. Gen., State of Washington, Ecology Div., Olympia, Wash. (Kenneth O. Eikenberry, Atty. Gen.) for intervenors-appellees State of Wash. and State of Nev.
James Patrick Hudson, Deputy Atty. Gen., Columbia, S.C. (T. Travis Medlock, Atty. Gen.) for intervenor-appellee State of S.C.
Donald J. Silverman, Newman & Holtzinger, P.C., Washington, D.C. (Patricia A.E. Comella and Steve A. Linick, of counsel) brief submitted for amici curiae in support of appellees.
Before MESKILL, PIERCE and McLAUGHLIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
McLAUGHLIN, Circuit Judge:
Plaintiffs-appellants appeal from a judgment entered in the United States District Court for the Northern District of New York (Con. G. Cholakis, Judge), dismissing a civil complaint seeking declaratory relief. 28 U.S.C. §§ 2201, 2202. The district court found that the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. § 2021b-2021j, was not an impermissible affront to state sovereign immunity protected...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
