County of Esmeralda, State of Nevada v. U.S. Department of Energy, County of Inyo, State of California v. U.S. Department of Energy
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WIGGINS, Circuit Judge:
Esmeralda County, Nevada, and Inyo County, California, petition this court to vacate as arbitrary and capricious the Department of Energy’s denial of their request to designate them units of local government affected by the Yucca Mountain High Level Nuclear Waste Repository Project. We grant the counties’ petitions and vacate the Secretary’s decisions not to designate the counties affected units.
BACKGROUND
The Nuclear Waste Policy Act requires the Department of Energy to site, construct, and operate repositories for high level radioactive waste. 42 U.S.C. § 10131(b)(1).…
2Cases cited6 opinions
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- Roberta Delaney Gayle Hartmann v. Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1990
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