Legal Opinion
State v. United States
Court of Appeals for the Fifth Circuit
Decided June 1, 2018No. 17-60191PublishedCited by 10 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
*555This 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."2 The state of Texas petitions for declaratory and injunctive relief, and the state of Nevada moves to dismiss. We will grant the motion to dismiss.
I
Under the statutory framework of the Waste Act, new repositories were to provide centralized housing for spent nuclear fuel and…
2Cases cited33 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- Bennett v. SpearSupreme Court of the United States · 1997
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Alexander v. SandovalSupreme Court of the United States · 2001
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3Cited by10 opinions
- Gen Land Off of the St of TX v. U.S. Fish and WildCourt of Appeals for the Fifth Circuit · 2020
- Inclusive Louisiana v. St. James ParishCourt of Appeals for the Fifth Circuit · 2025
- City of Schertz v. United States Department of AgricultureDistrict Court, W.D. Texas · 2019
- David Ramirez v. Richard L MillerDistrict Court, S.D. Texas · 2026
- Deas v. LandryDistrict Court, E.D. Louisiana · 2025
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