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PUBLIC SERV. CO. OF COLO. v. SHOSHONE-BANNOCK TRI.

No. 92-35206.

30 F.3d 1203 (1994)

PUBLIC SERVICE COMPANY OF COLORADO, Plaintiff-Appellant, v. SHOSHONE-BANNOCK TRIBES; Kelsey Edmo, Sr.; Captain J. Weisbacher, Acting Chief of Tribal Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1994.

Attorney(s) appearing for the Case

David W. Kerber, Kerber & Sasz, P.C., and Salie B. O'Malley, Salie B. O'Malley & Associates, P.C., Denver, CO, for plaintiff-appellant.

Jeanette Wolfley, Shoshone-Bannock Tribes, Fort Hall, ID, for defendants-appellees.

David C. Shilton, U.S. Dept. of Justice, Washington, DC, for amicus curiae.

Before: GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.

Opinion by Judge SCHROEDER; Dissent by Judge PREGERSON.

SCHROEDER, Circuit Judge:

The Public Service Company of Colorado ("PSC") sued the Shoshone-Bannock Tribes and certain individual tribal officers, alleging that the Tribes' attempts to regulate PSC's shipments of spent nuclear fuel across the Shoshone-Bannock reservation were preempted by the Hazardous Materials Transportation Act, 49 U.S.C.App. §§ 1801 et seq. (West 1976 & Supp.1994...

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