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STATE OF S.C. EX REL. BEASLEY v. O'LEARY

No. 3:96-2264-17.

953 F.Supp. 699 (1996)

STATE OF SOUTH CAROLINA ex rel., David M. BEASLEY, Governor of South Carolina, Plaintiff, v. Hazel R. O'LEARY, Secretary of Energy, and the United States Department of Energy, Defendants, and Austrian Research Seibersdorf, BR2 Nuclear Reactor of Belgium Hahn-Meitner Institut of Berlin, GDSS Forschungszentrum of Germany, McMaster University Nuclear of Canada, Paul Scherrer Institut of Switzerland, and Risoe National Laboratory of Denmark, Defendant-Intervenors.

District Court of United States, D. South Carolina, Columbia Division.

December 30, 1996.

Attorney(s) appearing for the Case

Charles Molony Condon, Attorney General of South Carolina, Treva G. Ashworth, Kenneth Paul Woodington, Christie Newman Barrett, Columbia, SC, for plaintiff.

Raymond E. Clark, Assistant United States Attorney, Columbia, SC, Wells D. Burgess, Beverly Sherman Nash, U.S. Department of Justice, Environment and Natural Resources Division, Janine M. Sweeney, U.S. Department of Energy, Washington, DC, William Patrick Donelan, Jr., Howard A. VanDine, III, James Cranston Gray, Jr., Nelson, Mullins, Riley & Scarborough, Columbia, SC, Joseh R. Egan, John W. Lawrence, Egan & Associates, P.C., Washington, DC, Ralph E. Tupper, Davis, Tupper, Grimsley & Seelhoff, L.L.P., Ladson F. Howell, Howell, Gibson and Hughes, P.A., Beaufort, SC, for defendants.

ORDER

JOSEPH F. ANDERSON, JR., District Judge.

The State of South Carolina brought this action on July 29, 1996 alleging that an Environmental Impact Statement ("EIS") prepared by the Department of Energy does not meet the requirements of the National Environmental Policy Act ("NEPA"). 42 U.S.C. §§ 4321-4361. The disputed EIS addresses shipments of foreign spent nuclear fuel to the Savannah River Site. The State seeks an order requiring the preparation...

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