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DEVIA v. NUCLEAR REGULATORY COM'N

Nos. 05-1419, 05-1420, 06-1087.

492 F.3d 421 (2007)

Ohngo Gaudadeh DEVIA, Petitioner 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 June 26, 2007.

Attorney(s) appearing for the Case

Paul C. EchoHawk was on the briefs for petitioner Ohngo Gaudadeh Devia.

Roy T. Englert, Jr. was on the briefs for petitioner State of Utah.

Catherine Cortez Masto, Attorney General, Marta A. Adams, Senior Deputy Attorney General, and Martin G. Malsch, Joseph R. Egan, and Charles J. Fitzpatrick were on the brief for amicus curiae State of Nevada in support of petitioners.

James C. Kilbourne, Michael T. Gray, and Lisa E. Jones, Attorneys, U.S. Department of Justice, and Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, and Grace H. Kim, Attorney, U.S. Nuclear Regulatory Commission, were on the brief for federal respondents.

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

Tim Vollmann, Jay E. Silberg, Paul A. Gaukler were on the brief for intervenors Private Fuel Storage, L.L.C. and Skull Valley Band of Goshute Indians.

Before: ROGERS, TATEL, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Petitioners challenge a decision by the Nuclear Regulatory Commission to grant a license permitting the construction and operation of a spent nuclear fuel storage facility in Utah, on land belonging to the Skull Valley Band of Goshute Indians. After the Commission approved the license, the Interior Department's Bureau of Land Management and Bureau of Indian Affairs denied applications...

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