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STATE OF NEV. v. O'LEARY

No. 93-17367.

63 F.3d 932 (1995)

STATE OF NEVADA, Plaintiff-Appellant, v. Hazel R. O'LEARY, Secretary of Energy, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1995.

Attorney(s) appearing for the Case

Harry W. Swainston, Deputy Atty. Gen., Carson City, NV, and James H. Davenport, Sp. Deputy Atty. Gen., Olympia, WA, for plaintiff-appellant.

Lois J. Schiffer, Acting Asst. Atty. Gen., and John A. Bryson, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: CUMMINGS, SCHROEDER, and RYMER, Circuit Judges.

SCHROEDER, Circuit Judge:

This is another volley in the litigation battle between the State of Nevada and the United States government over the potential placement of a repository for high-level nuclear waste at Yucca Mountain, Nevada. The battle was generated by the passage of the Nuclear Waste Policy Act of 1982, Pub.L. No. 97-425, 96 Stat. 2211 (1983), requiring evaluation of potential repository sites. It has been fueled by the Nuclear Waste Policy Act Amendments...

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