State of TEXAS, Petitioner
v.
UNITED STATES of America; United States Department of Energy; James Richard "Rick" Perry, in his Official Capacity as United States Secretary of Energy; United States Nuclear Regulatory Commission; Kristine L. Svinicki, in her Official Capacity as Chairman of the United States Nuclear Regulatory Commission; United States Nuclear Regulatory Commission Atomic Safety and Licensing Board; Thomas Moore, Paul Ryerson, and Richard Wardwell, in their Official Capacities as United States Nuclear Regulatory Commission Atomic Safety and Licensing Board Judges; United States Department of the Treasury; and Steven T. Mnuchin, in his Official Capacity as United States Secretary of the Treasury, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 1, 2018.
June 1, 2018.
Attorney(s) appearing for the Case
Robert J. Cynkar, Esq., McSweeney, Cynkar & Kachouroff, P.L.L.C., Great Falls, VA, David J. Hacker, Andrew Drake Leonie, III, Deputy Assistant Attorney General, Office of the Attorney General, Special Litigation Division, Austin, TX, David Austin Robert Nimocks, Associate Deputy Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, Warren Kenneth Paxton, Jr., Attorney General of Texas, Office of Special Litigation, Austin, TX, Joel Stonedale, Texas Public Policy Foundation, Austin, TX, for Petitioner.
David S. Gualtieri, Ellen J. Durkee, Attorney, U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Jefferson B. Sessions, III, U.S. Department of Justice, Washington, DC, for Respondent UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF TREASURY, STEVEN T. MNUCHIN.
David S. Gualtieri, Ellen J. Durkee, Attorney, U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Jefferson B. Sessions, III, U.S. Department of Justice, Washington, DC, Stephen C. Skubel, U.S. Department of Energy, Washington, DC, for Respondent UNITED STATES DEPARTMENT OF ENERGY, JAMES RICHARD PERRY, SECRETARY, U.S. DEPARTMENT OF ENERGY.
Charles Everett Mullins, Esq., Senior Attorney, Andrew Paul Averbach, Esq., Solicitor, U.S. Nuclear Regulatory Commission, Office of the General Counsel, Rockville, MD, Jefferson B. Sessions, III, U.S. Department of Justice, Washington, DC, for Respondent UNITED STATES NUCLEAR REGULATORY COMMISSION, KRISTINE L. SVINICKI, UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD, THOMAS MOORE, PAUL RYERSON, RICHARD WARDWELL.
Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is the latest of many disputes arising out of the government's struggle with nuclear waste disposal under the Nuclear Waste Policy Act of 1982 (the "Waste Act"),1 a congressional effort to "establish a schedule for the siting, construction, and operation of repositories."...
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