ENERGYSOLUTIONS, LLC, Plaintiff-Appellee,
v.
State of UTAH, Defendant-Appellant,
Rocky Mountain Low-Level Radioactive Waste Compact, Defendant-Intervenor.
EnergySolutions, LLC, Plaintiff-Appellee,
v.
Rocky Mountain Low-Level Radioactive Waste Compact, Defendant-Appellant.
EnergySolutions, LLC, Plaintiff-Appellee,
v.
Northwest Interstate Compact on Low-Level Radioactive Waste Management, and Michael Garner, solely in his official capacity as the Executive Director of the Northwest Interstate Compact on Low-Level Radioactive Waste Management, Defendants-Appellants,
Rocky Mountain Low-Level Radioactive Waste Compact, Defendant-Intervenor.
State of New Mexico, and Midwest Interstate Low-Level Radioactive Waste Management Commission, and Atlantic Interstate Low-Level Radioactive Waste Compact, Central Interstate Low-Level Radioactive Waste Compact, Central Midwest Low-Level Radioactive Waste Compact, Southeast Interstate Low-Level Radioactive Waste Compact, Texas Low-Level Radioactive Waste Disposal Compact, and Council of State Governments, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 9, 2010.
November 9, 2010.
Attorney(s) appearing for the Case
Denise Chancellor , Assistant Attorney General ( Mark L. Shurtleff , Utah Attorney General, and Fred G. Nelson , Assistant Attorney General, with her on the briefs), Office of the Utah Attorney General, Salt Lake City, UT, for Defendant-Appellant State of Utah.
Kristen K. Mitchell , Assistant Attorney General ( Robert M. McKenna , Attorney General, and Alice M. Blado , Assistant Attorney General, with her on the briefs), Office of the Washington Attorney General, Olympia, WA, for Defendants-Appellants Northwest Interstate Compact on Low-Level Radioactive Waste Management and Michael Garner, solely as its Executive Director.
Gary K. King , Attorney General, and David K. Thomson , Deputy Attorney General, Santa Fe, NM, on brief for Amicus Curiae State of New Mexico in support of Appellants.
Richard Ihrig , Ann Kennedy , and Patrick Compton , Lindquist & Vennum PLLP, Minneapolis, MN, on brief for Amicus Curiae Midwest Interstate Low-Level Radioactive Waste Management Commission in support of Appellants.
Henry W. Jones, Jr. , and Lori P. Jones , Jordan Price Wall Gray Jones & Carlton, PLLC, Raleigh, NC, and Robert C. Wilson , Jackson, Sjoberg, McCarthy & Wilson, L.L.P., Austin, TX, on brief for Amicus Curiae Atlantic Interstate Low-Level Radioactive Waste Compact, Central Interstate Low-Level Radioactive Waste Compact, Central Midwest Low-Level Radioactive Waste Compact, Southeast Interstate Low-Level Radioactive Waste Compact, Texas Low-Level Radioactive Waste Disposal Compact, and Council of State Governments in support of Appellants.
Before TACHA, ALARCÓN, and TYMKOVICH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TYMKOVICH, Circuit Judge.
The issue in this case is whether the Northwest Interstate Compact on Low-Level Radioactive Waste allows its member states to exclude low-level radioactive waste from disposal at a Utah site.
EnergySolutions is the owner and operator of a facility for the disposal of low-level radioactive waste located in Clive, Utah. Utah is a member state of the Northwest Compact, and required Energy-Solutions to obtain permission pursuant to the...
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