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TRI-VALLEY CARES v. U.S. DEPT. OF ENERGY

No. 10-17636.

671 F.3d 1113 (2012)

TRI-VALLEY CARES; Marylia Kelley; Janis Kate Turner, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF ENERGY; National Nuclear Security Administration; Lawrence Livermore National Laboratory, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 2012.

Attorney(s) appearing for the Case

Scott Yundt (argued), Livermore, CA, and Steven Sugarman , Cerrillos, NM, for the plaintiff-appellant.

Barclay T. Samford (argued), Ignacia S. Moreno , and Jennifer Scheller Neumann , United States Department of Justice, Environment and Natural Resources Division, Denver, CO, for the defendants-appellees.

Before: JOHN T. NOONAN, JR., and MILAN D. SMITH, JR., Circuit Judges, and JED S. RAKOFF, Senior District Judge.

OPINION

M. SMITH, Circuit Judge.

This case arises out of Plaintiffs-Appellants Tri-Valley CAREs', Marylia Turner's, and Janis Kate Turner's (collectively, Tri-Valley CAREs) second challenge to the sufficiency of the United States Department of Energy's (DOE) Environmental Assessment (EA) of a prospective "biosafety level-3" (BSL-3) facility at the Lawrence Livermore National Laboratory (LLNL). In an earlier round of litigation, we upheld all aspects of the...

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