NEVADA v. DEPARTMENT OF ENERGY

Nos. 04-1082, 04-1319.

400 F.3d 9 (2005)

State of NEVADA, Petitioner v. DEPARTMENT OF ENERGY and Samuel Bodman, Secretary, United States Department of Energy, Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2005.


Attorney(s) appearing for the Case

Robert J. Cynkar argued the cause for petitioner. With him on the briefs were Joseph R. Egan, Martin G. Malsch, Brian Sandoval, Attorney General, Attorney General's Office of the State of Nevada, and Marta A. Adams, Senior Deputy Attorney General.

Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Greer S. Goldman and John A. Bryson, Attorneys, and Marc Johnston, Counsel, U.S. Department of Energy.

Michael A. Bauser and Robert W. Bishop were on the brief for amicus curiae Nuclear Energy Institute, Inc. in support of respondents.

Before: RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


TATEL, Circuit Judge.

Concerned about the construction of a nuclear waste repository at Yucca Mountain, Nevada, the State of Nevada asked the Department of Energy for a fiscal year 2004 grant to fund its participation in an upcoming Nuclear Regulatory Commission proceeding that will determine whether the project receives a license. Nevada argues that it is entitled to a grant pursuant to section 116 of the Nuclear Waste Policy Act, which provides that the Secretary...

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