ENTERGY, ARKANSAS, INC. v. NEBRASKA

Nos. 99-4263, 99-4265.

241 F.3d 979 (2001)

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 Radio-active Waste Compact Commission, Plaintiff-Appellee, US Ecology, Inc., a California corporation, Intervenor, v. State of NEBRASKA, Defendant-Appellant, Department of Environmental Quality, Nebraska; 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; John Doe; Jane Doe; Doe Companies 1 through 20, individually and in their official capacities, Defendants. 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-Appellees, Central Interstate Low-Level Radioactive Waste Compact Commission, Plaintiff, US Ecology; Inc., a California corporation, Intervenor-Appellee, v. State of NEBRASKA; Department of Environmental Quality, Nebraska; 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, Defendants-Appellants, John Doe; Jane Doe; Doe Companies 1 through 20, individually and in their official capacities, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2001.


Attorney(s) appearing for the Case

William Bradford Reynolds, argued, Washington, DC (John L. Wittenborn, on the brief), for appellant.

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

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

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


MURPHY, Circuit Judge.

This case arises out of the five state Central Interstate Low-Level Radioactive Waste Compact (the Compact) and was last before the court on Nebraska's appeal from a preliminary injunction in favor of the Central Interstate Low-Level Radioactive Waste Commission (the Commission). See Entergy, Arkansas, Inc. v. Nebraska, 210 F.3d 887 (8th Cir.2000) (affirming the district court). Now the Nebraska parties...

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