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COUNTY OF ESMERALDA v. DEPT. OF ENERGY

Nos. 89-70142, 89-70162.

925 F.2d 1216 (1991)

COUNTY OF ESMERALDA, STATE OF NEVADA, Petitioner, v. U.S. DEPARTMENT OF ENERGY, Respondent. COUNTY OF INYO, STATE OF CALIFORNIA, Petitioner, v. U.S. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Jed Courtney, Esmeralda County Dist. Atty., Goldfield, Nev., and Gregory L. James, County Counsel, County of Inyo, Paul N. Bruce, Asst. County Counsel, County of Inyo, Independence, Cal., for petitioners.

Vicki L. Plaut and Angus E. Crane, Atty., Dept. of Justice, Washington, D.C., for respondent.

Before WALLACE, Chief Judge, ALARCON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Esmeralda County, Nevada, and Inyo County, California, petition this court to vacate as arbitrary and capricious the Department of Energy's denial of their request to designate them units of local government affected by the Yucca Mountain High Level Nuclear Waste Repository Project. We grant the counties' petitions and vacate the Secretary's decisions not to designate the counties affected units.

BACKGROUND

The Nuclear Waste...

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