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US ECOLOGY, INC. v. STATE OF CALIFORNIA

No. D036933.

111 Cal.Rptr.2d 689 (2001)

92 Cal.App.4th 113

US ECOLOGY, INC., Plaintiff and Appellant, v. STATE OF CALIFORNIA et al., Defendants and Respondents, Committee to Bridge the Gap et al., Movants and Respondents.

Court of Appeals of California, Fourth District, Division One.

Review Denied November 28, 2001.

Attorney(s) appearing for the Case

Latham & Watkins, Costa Mesa, and Karl S. Lytz, Darius Ogloza, Kristen M. Cain, and Ellen Brown, San Francisco, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Charlton G. Holland, III, Senior Assistant Attorney General, Frank S. Furtek, Supervising Deputy Attorney General and Paul Reynaga, Deputy Attorney General for Defendants and Respondents.

California Environmental Law Project and Laurens H. Silver for Movants and Respondents The Committee to Bridge the Gap, the Los Angeles Chapter of Physicians for Social Responsibility, and the Southern California Federation of Scientists.

HALLER, Acting P.J.

This action arises from "one of our Nation's newest problems of public policy": the question of where to dispose of low level radioactive waste (LLRW). (New York v. United States (1992) 505 U.S. 144, 149, 112 S.Ct. 2408, 120 L.Ed.2d 120.) In 1985, the State Department of Health Services (Department) selected plaintiff U.S. Ecology, Inc. (Ecology) to develop and operate California's first LLRW storage facility...

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