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WASTE CONTROL SPECIALISTS v. U.S. DEPT. OF ENERGY

Nos. 97-11353, 98-10331.

141 F.3d 564 (1998)

WASTE CONTROL SPECIALISTS, LLC, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF ENERGY; James M. Owendoff, Acting Assistant Secretary for Environmental Management; Mary Ann Sullivan, Deputy General Counsel for Environment and Civilian Nuclear Defense Programs, Defendants-Appellants. In re UNITED STATES DEPARTMENT OF ENERGY; James M. Owendoff, Acting Assistant Secretary for Environmental Management; Mary Anne Sullivan, Deputy General Counsel for Environment and Civilian and Defense Nuclear Programs, Petitioners.

United States Court of Appeals, Fifth Circuit.

May 14, 1998.

Attorney(s) appearing for the Case

Lonny D. Morrison, Morrison & Shelton, Wichita Falls, TX, Joseph R. Egan, John W. Lawrence, Egan & Associates, Washington, DC, for Waste Control Specialists, LLC.

Christine N. Kohl, Anthony John Steinmeyer, Barbara C. Biddle, Civil Division, App. Staff, Department of Justice, Gilbert T. Renaut, Washington, DC, Howard Alan Borg, Assistant U.S. Attorney, Fort Worth, TX, Shalom Brilliant, U.S. Department of Justice, Civil Division, Washington, DC, for United States Dept of Energy, Sullivan and Owendoff.

Joe Kendall, U.S. Dist. Judge, U.S. Dist. Court, N.D. Texas, Dallas, TX, pro se.

Before REAVLEY, DeMOSS and PARKER, Circuit Judges.

REAVLEY, Circuit Judge:

Waste Control Specialists, L.L.C. (WCS) sued the Department of Energy (DOE) for rejecting its proposal for a new facility for disposing of DOE's low-level radioactive waste. After a one day hearing, the district judge granted a preliminary injunction, enjoining DOE from refusing WCS's bid on specific grounds. We reverse and order dismissal of the case.

I. Background

The Atomic Energy Act of 1954 (AEA)1

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