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IDAHO DEPT. OF HEALTH & WELFARE v. U.S. DEPT. OF ENERGY

No. 91-36252.

959 F.2d 149 (1992)

IDAHO DEPARTMENT OF HEALTH AND WELFARE, Plaintiff-Appellee, and Public Service Company of Colorado, Plaintiff-Intervenor-Appellant, Applicant-in-Intervention-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY, an agency of the United States, James D. Watkins, Secretary, United States Department of Energy, Augustin Pitrolo, Manager, Idaho Operations Office, United States Department of Energy, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1992.

Attorney(s) appearing for the Case

David C. Shilton, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

John C. McCreedy, Deputy Atty. Gen., Boise, Idaho, for plaintiff-appellee.

David W. Kerber, Kelly, Stansfield & O'Donnell, Denver, Colo., for applicant-in-intervention-plaintiff-intervenor-appellant.

Before: WRIGHT, Circuit Judge, ALARCON, Circuit Judge, and DAVIES, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This is the third round in Idaho's long-running fight to stop Colorado from storing its nuclear waste in Idaho. Idaho first threatened to use force to stop the shipments, and then claimed the shipments violated the Nuclear Waste Policy Act. A federal court enjoined the threatened use of force, and this court rejected the Nuclear Waste Policy Act claim. Idaho v. U.S. Dept. of Energy, 945 F.2d 295

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