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STATE v. U.S. DEPT. OF ENERGY

No. 91-70094.

945 F.2d 295 (1991)

STATE OF IDAHO, Petitioner, Shoshone-Bannock Tribes, Intervenors, v. U.S. DEPARTMENT OF ENERGY, Respondent, Public Service Company of Colorado, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1991.

As Amended on Denial of Rehearing and Rehearing December 13, 1991.

Attorney(s) appearing for the Case

Clive J. Strong, Deputy Atty. Gen., Natural Resources Division, Boise, Idaho, for petitioner.

David C. Shilton, Appellate Section, Environmental and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Jeanette Wolfley, Tribal Attys. Office, Fort Hall, Idaho, for intervenor-petitioner.

David W. Kerber, Kelly, Stansfield and O'Donnell, Denver, Colo., for intervenor-respondent.

Before WRIGHT, FARRIS and TROTT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 13, 1991.

FARRIS, Circuit Judge:

The State of Idaho petitions for review of the Department of Energy's decision to transport into Idaho for storage spent nuclear fuel produced at the Fort St. Vrain nuclear power station in Colorado. Shoshone-Bannock Indian Tribes intervene on behalf of Idaho and argue that transportation of the radioactive material violates various governmental obligations to...

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