NATIONAL RESOURCES DEFENSE COUNCIL, et al, Plaintiffs,
v.
Spencer ABRAHAM, Secretary, Dept. Of Energy; United States of America Defendants.
United States District Court, D. Idaho.https://leagle.com/images/logo.png
July 3, 2003.
July 3, 2003.
Attorney(s) appearing for the Case
Laird J Lucas, Land & Water Fund of the Rockies, Boise, ID, Eric R Glitzenstein, Meyer & Glitzenstein, Washington, DC, Geoffrey H Fettus, Natural Resources Defense Council, Washington, DC, Thomas A Zeilman, Yakima Nation Office of Legal Counsel, Toppenish, WA, Eric R Glitzenstein, for Natural Resources Defense Council, Snake River Alliance, petitioners.
Barry A Weiner, U.S. Dept of Justice, Washington, DC, Environment Division, Solicitor-DOE, U.S. Dept of Energy, Lisa E Jones, U.S. Dept of Justice, Environment & Natural Resources Division, Washington, DC, for Bill Richardson, Secretary, Department of Energy, USA, respondents.
Brandelle Gail Whitworth, Shoshone-Bannock Tribes, Fort Hall, ID, for Shoshone-Bannock Tribes.
Darrell G. Early, Office of Atty. Gen., Div. of Environmental Quality, Boise, ID, for State of Idaho.
Joseph E. Shorin, III, David K. Mears, Office of Atty. Gen., Olympia, WA, for State of Washington.
Charles M. Broscious, Troy, ID, Samuel L. Finklea, III, Carlisle Roberts, Jr., Office of General Counsel, SC Dept. of Health and Environmental Control, Columbia, SC, for Environmental Defense Institute Inc.
David E. Leith, Atty. Gen., Salem, OR, Darrell G. Early, Office fo Atty. Gen., Div. of Environmental Quality, Boise, ID, for State of Oregon.
United States District Court, D. Idaho.
MEMORANDUM DECISION
WINMILL, Chief Judge.
INTRODUCTION
The Court has before it cross-motions for summary judgment raising the issue whether Order 435.1 issued by the Department of Energy is valid. The Court finds that it is invalid, and hence will grant the plaintiffs' motion, and deny the Government's motion, for the reasons expressed below.
BACKGROUND FACTS
In the 1950s, the National Academy of Sciences determined that high...
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