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STATE OF NEW MEXICO v. WATKINS

Nos. 91-5387, 92-5044 and 92-5045.

969 F.2d 1122 (1992)

STATE OF NEW MEXICO, et al. v. James D. WATKINS, Secretary, Department of Energy, et al., Appellants. STATE OF NEW MEXICO, ex rel. Tom UDALL, Attorney General v. James D. WATKINS, Secretary, Department of Energy, et al., Appellants. ENVIRONMENTAL DEFENSE FUND, et al. v. James D. WATKINS, Secretary, Department of Energy, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1992.

Attorney(s) appearing for the Case

John A. Bryson, Atty., Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., Martin W. Matzen, Atty., Dept. of Justice, and Marc Johnston, Atty., Dept. of Energy, were on the brief, for appellants in 91-5387, 92-5044, and 92-5045.

Tom Udall, Atty. Gen. of the State of N.M., with whom Manuel Tijerina, Michael Dickman, Lindsay A. Lovejoy, Jr., Frederic S. Nathan, Jr., Bernhardt K. Wruble, and John S. Moot for State of N.M. and Nancy Olinger for State of Tex. were on the joint brief, for appellees, State of N.M., et al. in 91-5387 and 92-5044. Renea Hicks for State of Tex. also entered an appearance for appellees.

Adam Babich, with whom Deborah S. Reames and Howard I. Fox for Sierra Club Legal Defense Fund and Dan W. Reicher for Natural Resources Defense Council were on the joint brief, for appellees Environmental Defense Fund, et al. in 91-5387, 92-5044, and 92-5045.

Before: MIKVA, Chief Judge, RUTH BADER GINSBURG and HENDERSON, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM.

In these consolidated cases, the Departments of Energy and the Interior appeal from an injunction preliminarily granted on November 26, 1991 and made permanent on January 31, 1992, barring the implementation of Public Land Order 6826; issued in January 1991, Land Order 6826 provided for the deposit for test purposes of defense-related hazardous, radioactive waste in an experimental...

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