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, ["Entergy & Wolf Creek"] Plaintiffs,
Central Interstate Low-Level Radioactive Waste Commission, ["Commission"] Realigned Plaintiff,
US Ecology, Inc., a California corporation, ["USE"] Intervenor-Plaintiff,
v.
State of NEBRASKA; Nebraska Department of Environmental Quality; Nebraska Department of Health and Human Services Regulation & Licensure. ["Nebraska"] Defendants.
United States District Court, D. Nebraska.https://leagle.com/images/logo.png
September 30, 2002.
September 30, 2002.
Attorney(s) appearing for the Case
Stephen M. Bruckner, Joseph E. Jones, Fraser, Stryker Law Firm, Omaha, NE, for Omaha Power District.
Rene M. Devlin, Laurence H. Levine, Latham, Watkins Law Firm, Chicago, IL, for US Ecology, Inc.
Lynne R. Fritz, Attorney Genral's Office, Lincoln, NE, for Central Interstate Low-Level Radioactive Wast Com'n, Dept. of Environ. Quality, Jay Ringenberg, Randolph Wood, Nebraska Dept. of Health, State of Nebraska, Cherly Rogers, David P. Schor,
Lisa Goldblatt, Michael R. McCarthy, Collier, Shannon Law Firm, Washington, DC, for State of Nebraska.
John P. Heil, Patrick J. Ickes, Thomas E. Johnson, Baird, Holm Law Firm, Omaha, NE, for Entergy Arkansas, Entergy Gulf States, Entergy Louisiana, Wolf Creek Operating.
Patricia A. Knapp, University of Nebraska-College of LAw, Lincoln, NE, for Boyd County Monitoring Committee.
Annette M. Kovar, Nebraska Dept. of Environ. Quality, Lincoln, NE, for Dept. of Environ. Quality.
Leonard B. Levine, Los Angeles, CA, for US Ecology, Inc.
Patrick O'Brien, Butler, Galter Law Firm, Lincoln, NE, for Central Interstate Low-Level Radioactive Waste Com'n, Dept. of Environ. Quality.
Alan E. Peterson, Alan E. Peterson, Cline, Williams Law Firm, Lincoln, NE, Shawn D. Renner, Lincoln, NE, for Central Interstate Low-Level Radioactive Waste Com'n.
William B. Reynolds, Howrey, Simon Law Firm, Washington, DC, for David P. Schor, Jay Ringenberg, Randolph Wood.
Steven G. Seglin, Rocky C. Weber, Crosby, Guenzel LAw Firm, Lincoln, NE, for US Ecology.
Linda L. Willard, Atty. General's Office, Lincoln, NE, for Nebraska Dept. of Health.
United States District Court, D. Nebraska.
MEMORANDUM AND ORDER
KOPF, Chief Judge.
This opinion deals with the claims of Entergy & Wolf Creek and USE against the Commission. In another opinion issued today, I resolve the claims of the Commission against Nebraska.
In this decision, I find and conclude that the claims of Entergy & Wolf Creek and USE against the Commission should be denied. Pursuant to Federal Rule of Civil Procedure 52, I now set forth the findings
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