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LOS ALAMOS STUDY GROUP v. U.S. DEPT. OF ENERGY

No. 11-2141.

692 F.3d 1057 (2012)

LOS ALAMOS STUDY GROUP, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY; The Honorable Steven Chu, in his capacity, Secretary, Department of Energy; National Nuclear Security Administration; The Honorable Thomas Paul D'Agostino, in his capacity as Administrator, National Nuclear Security Administration, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 27, 2012.

Attorney(s) appearing for the Case

Thomas M. Hnasko , Hinkle, Hensley, Shanor & Martin, LLP, Santa Fe, NM, ( Dulcinea Z. Hanuschak , Hinkle, Hensley, Shanor & Martin, LLP, and Lindsay A. Lovejoy, Jr. , Law Office of Lindsay A. Lovejoy, Jr., Santa Fe, NM, with him on the brief), for Plaintiff-Appellant.

Robert P. Stockman , Environment & Natural Resources Division, United States Department of Justice, Washington, DC, ( Ignacia S. Moreno , Assistant Attorney General, Washington, DC; Andrew A. Smith , John P. Tustin , Environment & Natural Resources Division, United States Department of Justice, and Janet Masters , Matthew F. Rotman , of counsel, Office of the General Counsel, U.S. Department of Energy, with him on the brief), for Defendants-Appellees.

Before BRISCOE, Chief Judge, McKAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

On August 16, 2010, Plaintiff Los Alamos Study Group filed a complaint for declaratory and injunctive relief under the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4347, and the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706. Defendants were the National Nuclear Security Administration (NNSA), the United States Department of Energy (DOE), NNSA's administrator...

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