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.https://leagle.com/images/logo.png
Submitted: June 12, 2003.
Filed: February 18, 2004.
Attorney(s) appearing for the Case
William Bradford Reynolds, argued, Special Assistant Attorney General, of Washington, D.C. (John L. Wittenborn, Thomas W. Mitchell, and Mark L. Austrian of Washington, DC and Patrick O'Brien of Lincoln, NE, on the brief), for appellant.
Alan E. Peterson, argued, Lincoln, NE (Shawn D. Renner, Lincoln, NE, on the brief), for appellee.
Before BOWMAN, MURPHY, and BYE, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
MURPHY, Circuit Judge.
The State of Nebraska and two of its departments (Nebraska)1 appeal from a final judgment involving the attempt to develop a radioactive waste disposal facility under the Central Interstate Low-Level Radioactive Waste Compact (the Compact). The Compact was created and entered into by five member states and was also enacted into law by Congress. The Compact members agreed to build a disposal facility in one of the...
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