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APPALACHIAN STATES LLRW COM'N v. O'LEARY

No. 95-7382.

93 F.3d 103 (1996)

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION v. Hon. Hazel O'LEARY, in her official capacity as Secretary of Energy, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Frank W. Hunger, Assistant Attorney General, David M. Barasch, United States Attorney, Mark B. Stern, Michael S. Raab (argued), Assistant United States Attorneys, United States Department of Justice, Civil Division, Washington, DC, Mary C. Frye, Assistant United States Attorney, Office of the United States Attorney, Harrisburg, PA, for Appellant.

John W. Carroll (argued), Timothy B. Anderson, Brian P. Downey, Pepper, Hamilton & Scheetz, Harrisburg, PA, David Richman, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Appellee.

Michael F. Healy, Donald J. Silverman, Sang Y. Paek, Morgan, Lewis & Bockius, Washington, DC, for Amicus-Appellant.

Scott Harshbarger, Attorney General, Kristin McIntosh, William W. Porter, Thomas A. Barnico, Assistant Attorneys General, Commonwealth of Massachusetts, Boston, MA, for Amicus-Appellee.

Before: BECKER, ROTH and MCKEE, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

In this appeal, we must evaluate the Secretary of Labor's interpretation of the Low-Level Radioactive Waste Policy Amendments Act of 1985 ("LLRW Act"), 42 U.S.C. §§ 2021b-2021j, under the standard set forth in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). We hold that the Secretary's interpretation...

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