ENTERGY ARKANSAS, INC. v. NEBRASKA

No. 4:98CV3411.

68 F.Supp.2d 1093 (1999)

ENTERGY ARKANSAS, INC., an Arkansas corporation; Entergy Gulf States, Inc., a Texas corporation; Entergy Louisiana, Inc., a Louisiana corporation; Wolf Creek Nuclear Operating Corporation, a Delaware corporation; Omaha Public Power District, a public corporation and political subdivision of the State of Nebraska, Plaintiffs, Central Interstate Low-level Radioactive Waste Commission, Realigned Plaintiff, US Ecology, Inc., a California corporation, Intervenor-Plaintiff, v. State of NEBRASKA; Nebraska Department of Environmental Quality; Randolph Wood, individually and in his official capacity; Jay Ringenberg, individually and in his official capacity; Nebraska Department of Health and Human Services Regulation & Licensure; David P. Schor, individually and in his official capacity; Cheryl Rogers, individually and in her official capacity; and John Doe, Jane Doe and Doe Companies 1 through 20, individually and in their official capacities, Defendants.

United States District Court, D. Nebraska.

September 15, 1999.


Attorney(s) appearing for the Case

John P. Heil, Thomas E. Johnson, Patrick J. Ickes, Baird, Holm Law Firm, Stephen M. Bruckner, Joseph E. Jones, Fraser, Stryker Law Firm, Omaha, NE, for Plaintiffs.

Alan E. Peterson, Shawn D. Renner, Cline, Williams Law Firm, Lincoln, NE, for Realigned Plaintiff.

Steven G. Seglin, Rocky C. Weber, Crosby, Guenzel Law Firm, Lincoln, Leonard B. Levine, Los Angeles, CA, Rene M. Devlin, Laurence H. Levine, Latham, Watkins Law Firm, Chicago, IL, for Intervenor-Plaintiff.

Linda L. Willard, Nebraska Attorney General's Office, Annette M. Kovar, Nebraska Department of Environmental Quality, Lincoln, NE, John L. Wittenborn, William Bradford Reynolds, Collier, Shannon Law Firm, Washington, DC, for Defendants.


Memorandum and Order

KOPF, District Judge.

The State of Nebraska, various state agencies, and individual state employees sued in their official and individual capacities have filed motions to dismiss this case. In this opinion, I deal only with the motion to dismiss directed at the suit brought by the Central Interstate Low-Level Radioactive Waste Commission. That motion primarily raises the Eleventh Amendment...

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