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NEVADA v. DEPARTMENT OF ENERGY

No. 04-1309.

457 F.3d 78 (2006)

State of NEVADA, Petitioner v. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 2006.

Attorney(s) appearing for the Case

Joseph R. Egan, Special Deputy Attorney General, State of Nevada, argued the cause for the petitioner. Brian Sandoval, Attorney General, Marta A. Adams, Deputy Attorney General, Antonio Rossmann and Roger B. Moore, Special Deputy Attorneys General, State of Nevada, and Martin G. Malsch, Robert J. Cynkar, Charles J. Fitzpatrick and Paul H. Lamboley were on brief.

John A. Bryson, Attorney, United States Department of Justice, argued the cause for the respondent. Greer S. Goldman and Ronald M. Spritzer, Attorneys, United States Department of Justice were on brief.

Jean V. MacHarg, John C. Martin, Susan M. Mathiascheck, and Michael A. Bauser were on the brief for amicus curiae Nuclear Energy Institute, Inc. in support of respondent.

Before: HENDERSON and RANDOLPH, Circuit Judges; and EDWARDS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Since scientists split the atom in 1942, nuclear technology has proliferated into many areas of society. No longer limited to the defense of our nation, nuclear technology is used in energy production, medical diagnosis and treatment, food processing and agriculture and sterilization of consumer goods. For all of the advances it has brought, however, those advances...

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