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STATE OF NEV. v. U.S. DEPT. OF ENERGY

No. 96-70774.

133 F.3d 1201 (1998)

STATE OF NEVADA, Petitioner, v. U.S. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1998.

Attorney(s) appearing for the Case

Harry W. Swainston, Deputy Attorney General, Carson City, Nevada, for petitioner.

Martin W. Matzen & John A. Bryson, United States Department of Justice, Washington, DC, for respondent.

Before: ALDISERT, D.W. NELSON, and TASHIMA, Circuit Judges.

D.W. NELSON, Circuit Judge:

The State of Nevada files this petition for review of the Secretary of Energy's final decision to deny Nevada's request for funds from the Department of Energy's fiscal year ("FY") 1996 appropriations. Nevada maintains that it is entitled under Section 116(c)(1) of the Nuclear Waste Policy Act, 42 U.S.C. § 10136(c)(1) (1994), to receive funds for the purpose of reviewing, monitoring, and evaluating the Department of Energy's site characterization...

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