Legal Opinion

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

Decided February 20, 1991No. 89-70142, 89-70162PublishedCited by 24 opinions

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

  1. Heckler v. ChaneySupreme Court of the United States · 1985
  2. Webster v. DoeSupreme Court of the United States · 1988
  3. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  4. Luverne L. Anderson and Josephine Rodriguez v. Allstate Insurance Company, a California Corporation, DefendantsCourt of Appeals for the Ninth Circuit · 1980
  5. Roberta Delaney Gayle Hartmann v. Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Beno v. ShalalaCourt of Appeals for the Ninth Circuit · 1994
  2. Philip R. Joelson v. United States of AmericaCourt of Appeals for the Sixth Circuit · 1996
  3. Pinnacle Armor, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  4. ASSE International, Inc. v. KerryCourt of Appeals for the Ninth Circuit · 2015
  5. E.J. Friedman Company, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1993

19 more not listed; retrieve them via the Exa API.

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