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US ECOLOGY v. STATE

No. S-98-412.

601 N.W.2d 775 (1999)

258 Neb. 10

US ECOLOGY, INC., a California corporation, appellee, v. STATE of Nebraska, DEPARTMENT OF ENVIRONMENTAL QUALITY, an executive department and agency of the State of Nebraska, et al., appellants.

Supreme Court of Nebraska.

October 29, 1999.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, William M. Lamson, Jr., Special Assistant Attorney General, of Lamson, Dugan & Murray, and Linda L. Willard, Lincoln, for appellants.

Steven G. Seglin and David A. Jarecke, of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

US Ecology, Inc. (USE), commenced this action for declaratory judgment, seeking (1) a declaration that the placement of fill in a depression less than 1 acre in size located on the proposed site of a low-level radioactive waste (LLRW) disposal facility and the creation of a new wetland in mitigation, approximately 2 acres in size, located off the disposal site do not constitute commencement of construction; (2) a declaration that...

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