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COALITION ON WEST VALLEY NUCLEAR WASTES v. CHU

Docket No. 07-5243-cv.

592 F.3d 306 (2009)

COALITION ON WEST VALLEY NUCLEAR WASTES, Joanne E. Hameister, Plaintiffs-Appellants, v. Steven CHU, Secretary, Department of Energy, United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2009.

Attorney(s) appearing for the Case

Robert E. Knoer, The Knoer Group, PLLC, Buffalo, N.Y., for Plaintiffs-Appellants.

Tamara N. Rountree, Attorney (Mary K. Roach, Stacey Bosshardt, Lisa Jones Foose, Ann Peterson, United States Department of Justice; Janet Masters, P. Benjamin Underwood, United States Department of Energy, of counsel), on behalf of Ronald J. Tenpas, Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before WALKER and LIVINGSTON, Circuit Judges, and KAPLAN, District Judge.

DEBRA ANN LIVINGSTON, Circuit Judge:

The Western New York Nuclear Service Center ("Center") is located approximately thirty miles southeast of Buffalo, New York. It began operation in 1966 as a commercial nuclear fuel reprocessing plant, operated by a private contractor, Nuclear Fuel Services ("Nuclear Fuel Services"), for the purpose of recovering uranium and plutonium from spent nuclear fuel. The reprocessing plant, which is the only one of its kind ever to operate...

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