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NUCLEAR INFO. AND RES. v. U.S. DEPT., TRANSP. RES.

No. 05-16327.

457 F.3d 956 (2006)

NUCLEAR INFORMATION AND RESOURCE SERVICE; Committee to Bridge the Gap; Public Citizen, Inc.; Redwood Alliance; Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION; Norman Y. Mineta, in his official capacity as Secretary of the United States Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2006.

Attorney(s) appearing for the Case

Paul Lamboley, San Francisco, CA, for the appellants.

John L. Smeltzer, United States Department of Justice, Washington, D.C., for the appellee.

Before PAMELA ANN RYMER and KIM McLANE WARDLAW, Circuit Judges, and JAMES V. SELNA, District Judge.

RYMER, Circuit Judge.

The Nuclear Information and Resource Service, Committee to Bridge the Gap, Public Citizen, Inc., Redwood Alliance, and Sierra Club (collectively NIRS) appeal the district court's dismissal of NIRS's challenge to the Department of Transportation's (DOT) rulemaking for lack of subject matter jurisdiction. The district court held that the court of appeals has exclusive jurisdiction under 49 U.S.C. § 20114(c), which provides that any proceeding...

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