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STATE OF NEV. v. WATKINS

No. 85-7308.

939 F.2d 710 (1991)

STATE OF NEVADA, Petitioner, and Environmental Defense Fund; State of Colorado; State of Nebraska, Petitioners-Intervenors, v. James D. WATKINS, Secretary of the United States Department of Energy, Respondent, and Arizona Nuclear Power Project; Baltimore Gas & Electric Company; Boston Edison Company; Carolina Power & Light Company; The Cleveland Electric Illuminating Company; Commonwealth Edison Company; Consolidated Edison Company of New York, Inc.; Duke Power Company; Energy Services, Inc.; Florida Power & Light Company; Georgia Power Company; Gulf States Utilities Company; Houston Lighting & Power Company; Kansas City Power & Light Company; Kansas Electric Power Cooperative, Inc.; Kansas Gas & Electric Company; New York Power Authority; Niagara Mohawk Power Corp.; Northeast Utilities; Omaha Public Power District; Pacific Gas & Electric Company; Pennsylvania Power & Light Company; Philadelphia Electric Company; Public Service Company of Colorado; Rochester Gas & Electric Corp.; Southern California Edison Company; Texas Utilities Company; Toledo Edison Company; Union Electric Company; Virginia Electric & Power Company; Wisconsin Electric Power Company; Wisconsin Public Service Corp., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1991.

Attorney(s) appearing for the Case

James H. Davenport, Special Deputy Atty. Gen., Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., for petitioner.

Melinda Kassen, Environmental Defense Fund, Boulder, Colo., for petitioners-intervenors.

John A. Bryson, United States Department of Justice, Washington, D.C., for the respondent.

Michael A. Bauser, Newman & Holtzinger, Washington, D.C., for respondents-intervenors.

Before GOODWIN, FLETCHER and THOMPSON, Circuit Judges.

FLETCHER, Circuit Judge:

The State of Nevada and intervenors Environmental Defense Fund, State of Colorado and State of Nebraska petition for review of the "General Guidelines for the Recommendation of Sites for Nuclear Waste Repositories" ("guidelines"), 10 C.F.R. pt. 960, promulgated by the Secretary of the Department of Energy ("Secretary") pursuant to § 112(a) of the Nuclear Waste Policy Act ("NWPA"), 42 U.S.C. § 10132(a) (1988).1<...

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