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CITIZENS FOR ALTERNATIVES v. U.S. DEPT. OF ENERGY

No. 04-2314.

485 F.3d 1091 (2007)

CITIZENS FOR ALTERNATIVES TO RADIOACTIVE DUMPING, Betty Richards, and Bob Gaston, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY, and Samuel W. Bodman, United States Secretary of Energy, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 2007.

Attorney(s) appearing for the Case

John A. McCall, Albuquerque, New Mexico on the briefs, for Plaintiffs-Appellants.

Jennifer L. Scheller, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Kelly A. Johnson, Acting Assistant Attorney General, and John A. Bryson, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C., David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Office of the United States Attorney, Albuquerque, New Mexico, and Elizabeth C. Rose, Of Counsel, Office of the Chief Counsel, United States Department of Energy, Carlsbad Field Office, Carlsbad, New Mexico, with her on the brief), for Defendants-Appellees.

Before MURPHY, BRORBY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

After three environmental impact statements spanning two decades, the Department of Energy (DOE) approved operation in 1998 of the Waste Isolation Pilot Plant (WIPP), a nuclear waste repository located in southeastern New Mexico. Citizens for Alternatives to Radioactive Dumping (Citizens) sought to enjoin the facility's operation under the National Environmental Policy Act (NEPA). Citizens argued DOE relied on faulty data regarding the subsurface...

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