ENTERGY ARKANSAS, INC. v. NEBRASKA

No. 02-3747.

366 F.3d 688 (2004)

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; Plaintiffs-Appellees, Central Interstate Low-Level Radioactive Waste Commission; Plaintiff-Appellee, U.S. Ecology, Inc., a California corporation; Intervenor Plaintiff-Appellee, v. State of NEBRASKA; Nebraska Department of Environmental Quality; Nebraska Department of Health and Human Services Regulation & Licensure; The Governor, of the State of Nebraska; The Director, of the Nebraska Department of Environmental Quality; The Director, of the Nebraska Department of Health and Human Services Regulation and Licensure, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

April 21, 2004.


Attorney(s) appearing for the Case

Thomas Edwin Johnson, John Paul Heil, Patrick J. Ickes, Baird & Holm, Omaha, NE, Alan E. Peterson, Shawn D. Renner, Cline & Williams, Lincoln, NE, for Plaintiffs-Appellees.

Steven G. Seglin, Crosby & Guenzel, Lincoln, NE, for Intervenor Plaintiff-Appellee.

J. Kirk Brown, Jon Cumberland Bruning, David D. Cookson, Jodi M. Fenner, Attorney General's Office, Patrick T. O'Brien, Butler & Galter, Lincoln, NE, Mark L. Austrian, John L. Wittenborn, Thomas Wilfried Mitchell, Lisa Goldblatt, Michael R. McCarthy, Kathryn McMahon-Lohrer, Collier & Shannon, William Bradford Reynolds, Howrey & Simon, Washington, DC, for Defendants-Appellants.


Chief Judge LOKEN, Judge RILEY, and Judge COLLOTON would grant the petition for rehearing en banc.

Prior report: 358 F.3d 528.

RILEY, Circuit Judge, with whom OKEN, Chief Judge, and COLLOTON, Circuit Judge, join, dissenting.

Federal courts have ordered the State of Nebraska (Nebraska) and its citizens to pay over $151 million to the Central Interstate Low-Level Radioactive Waste Commission (Commission). Entergy...

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