ENTERGY, ARKANSAS v. NEBRASKA

No. 99-2376.

210 F.3d 887 (2000)

ENTERGY, ARKANSAS, INC.; Entergy Gulf State, Inc.; Entergy Louisiana, Inc.; Wolf Creek Nuclear Operating Corporation; Omaha Public Power District; Central Interstate Low-Level Radioactive Waste Compact Commission, Plaintiffs-Appellees, US Ecology, Inc., Intervenor, v. State of NEBRASKA; Department of Environmental Quality, Nebraska; Randolph Wood; Jay Ringenberg; Nebraska Department of Health and Human Services Regulation & Licensure; David P. Schor; Cheryl Rogers, Defendants-Appellants, John Doe; Jane Doe; and Doe Companies 1-20, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed April 12, 2000.


Attorney(s) appearing for the Case

William Bradford Reynolds, Special Assistant Attorney General, Washington, D.C., argued (Linda L. Willard. Assistant Attorney General, Lincoln, NE, on the brief), for appellants.

Alan E. Peterson, Lincoln, NE, argued (Shawn D. Renner, Lincoln, NE, on the brief), for appellee Central Interstate.

Thomas E. Johnson, Omaha, NE, argued (John P. Heil, Patrick J. Ickes, Stephen M. Bruckner and Joseph E. Jones, Omaha, NE, on the brief), for appellees Wolf Creek Nuclear, Entergy LA, Entergy Gulf States and Entergy AR.

Before WOLLMAN, Chief Judge, and MORRIS SHEPPARD ARNOLD and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

The Central Interstate Low-Level Radioactive Waste Commission (the Commission) and Entergy Arkansas, Entergy Gulf States, Entergy Louisiana, Wolf Creek Nuclear Operating Corporation, and the Omaha Public Power District (the Utilities) brought this action against the State of Nebraska, its Department of Environmental Quality (EQ) and its Department of Health and Human Services and Licensure (HHS),1 and several individually...

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