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BULLCREEK v. NUCLEAR REGULATORY COM'N

Nos. 03-1018 & 03-1022.

359 F.3d 536 (2004)

Margene BULLCREEK, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. Private Fuel Storage, L.L.C. and Skull Valley Band of Goshute Indians, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Thomas R. Lee argued the cause for petitioners. With him on the briefs were Mark L. Shurtleff, Attorney General, Attorney General's Office of the State of Utah, Monte N. Stewart, Special Assistant Attorney General, Denise Chancellor and Connie Nakahara, Assistant Attorneys General, and Paul C. EchoHawk.

Grace H. Kim, Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondent U.S. Nuclear Regulatory Commission. With her on the brief were Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Solicitor.

Jay E. Silberg argued the cause for intervenors. With him on the brief was Tim Vollmann.

Before: ROGERS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The issue on appeal is whether § 10155(h) of the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101 et seq., repealed or superseded the authority of the Nuclear Regulatory Commission ("NRC") under the Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq., to license the storage of private spent nuclear fuel at privately owned away-from-reactor...

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