Skull Valley Band of Goshute Indians v. Nielson Ex Rel. Utah Department of Environmental Quality
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HENRY, Circuit Judge.
The Governor and Attorney General of Utah, along with Utah environmental and transportation officials, appeal the district court’s ruling that the state’s statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. See Skull Valley Band of Goshute Indians v. Leavitt, 215 F.Supp.2d 1232 (D.Utah 2002). The Utah officials argue that the district court should not have reached the merits of this dispute because (1) the plaintiffs who challenge the statutes — a consortium of utility companies (Private Fuel Storage, Inc.) and an Indian…
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