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CONCERNED CITIZENS OF NEBRASKA v. U.S. NUC. REG.

No. 91-2784.

970 F.2d 421 (1992)

CONCERNED CITIZENS OF NEBRASKA (CCN), Ronald Schumann, Lowell Fisher, Diane Burton, David Follrichs, Appellants, v. UNITED STATES NUCLEAR REGULATORY COMMISSION (NRC), Dennis Grams, Director of the Nebraska Department of Environmental Control (NDEC), Central Interstate Low-Level Radioactive Waste Compact Commission, US Ecology, Inc. (USE), Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1992.

Rehearing Denied August 17, 1992.

Attorney(s) appearing for the Case

Charles Hahn, Auburn, Neb., argued, for appellants.

Alan Peterson, Lincoln, Neb., and Jeffrey Kehne, Dept. of Justice, Washington, D.C., argued (Steven Seglin and Shawn Renner, Lincoln, Neb., Susan Fonner, Louise Milkman and J. Carol Williams, NRC, Washington, D.C., Linda Willard, Asst. Atty. Gen., Lincoln, Neb., on the briefs), for appellees.

Before JOHN R. GIBSON and BEAM, Circuit Judges, and HUNGATE, District Judge.

BEAM, Circuit Judge.

Concerned Citizens of Nebraska, an unincorporated, nonprofit organization, and four of its members (collectively "CCN") filed suit in district court seeking to stop the development of a regional low-level radioactive waste disposal facility in Boyd County, Nebraska. CCN asserted numerous claims against a variety of defendants. In two separate orders, each addressing a different group of defendants, the district court dismissed CCN's complaint...

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