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STATE OF NEV. v. WATKINS

No. 86-7309.

943 F.2d 1080 (1991)

STATE OF NEVADA; Richard H. Bryan, Governor of Nevada; Paul Laxalt, United States Senator; Chic Hecht, United States Senator; Barbara Vucanovich, United States Representative in Congress; Harry Reid, United States Representative in Congress, Petitioners, v. James D. WATKINS, Secretary of the United States Department of Energy, Respondent, Arkansas Power & Light Company, et al., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1991.

Attorney(s) appearing for the Case

James H. Davenport, Deputy Atty. Gen., Olympia, Wash., for petitioners.

John A. Bryson, Dept. of Justice, Washington, D.C., for respondent.

Jay E. Silberg, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for respondent-intervenor.

Before GOODWIN, FLETCHER and THOMPSON, Circuit Judges.

FLETCHER, Circuit Judge:

The State of Nevada petitions for review of an environmental assessment ("EA") prepared by the Secretary of the Department of Energy ("Secretary") pursuant to the Nuclear Waste Policy Act of 1982 ("NWPA"), Pub.L. No. 97-425, 96 Stat. 2201 (codified as amended at 42 U.S.C. §§ 10101-10270 (1988)). The NWPA provides for the location and development of a site for a permanent repository to house spent nuclear fuel and high-level radioactive...

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