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US ECOLOGY, INC. v. U.S. DEPT. OF INTERIOR

No. 99-5192.

231 F.3d 20 (2000)

US ECOLOGY, INC., a California Corporation, Appellant, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2000.

Attorney(s) appearing for the Case

Karl S. Lytz argued the cause and filed the briefs for appellant. Laurence H. Levine and Peter L. Winik entered appearances.

Mark R. Haag, Attorney, United States Department of Justice, argued the cause for appellees. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and David C. Shilton, Attorney.

Eric R. Glitzenstein, Howard Crystal, and Jonathan R. Lovvorn were on the brief for intervenor/appellees.

Fran M. Layton, Mark A. Fenster, Alan K. Marks, and Susan L. Nash were on the brief for amicus curiae County of San Bernardino.

Before: EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

This case involves a dispute over the availability of the so-called "Ward Valley Site" for potential use as a low-level radioactive waste ("LLRW") facility. Ward Valley is a 1.7 square mile plot of the Mojave Desert located just off I-40, 25 miles west of the Colorado River separating Arizona from California. Appellee the Federal Government owns the site and appellant US Ecology...

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