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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. ABRAHAM

No. 00-70015.

244 F.3d 742 (2001)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Snake River Alliance, Petitioners, v. Spencer ABRAHAM, Secretary of Energy; United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2001.

Attorney(s) appearing for the Case

David E. Adelman (argued), Natural Resources Defense Council, Washington, D.C., and Eric R. Glitzenstein, Meyer & Glitzenstein, Washington, D.C., for the petitioners.

Lisa E. Jones, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for respondents.

Before: PAMELA ANN RYMER, SIDNEY R. THOMAS and M. MARGARET McKEOWN, Circuit Judges.

Argued and Submitted February 9, 2001 — Seattle, Washington.

RYMER, Circuit Judge:

This case involves Department of Energy (DOE) Order 435.1, together with its Manual and Implementation Guide, which provide (among other things) a process for determining whether certain radioactive waste streams are "waste incidental to reprocessing" that are not considered "high-level waste." The Natural Resources Defense Council, Inc. and the Snake River Alliance ...

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