Legal Opinion

In Re: Aiken County

Court of Appeals for the D.C. Circuit

Decided August 13, 2013No. 11-1271PublishedCited by 78 opinions

1Opinion of the Court

KAVANAUGH, Circuit Judge:

This case raises significant questions about the scope of the Executive’s authority to disregard federal statutes. The case arises out of a longstanding dispute about nuclear waste storage at Yucca Mountain in Nevada. The underlying policy debate is not our concern. The policy is for Congress and the President to establish as they see fit in enacting statutes, and for the President and subordinate executive agencies (as well as relevant independent agencies such as the Nuclear Regulatory Commission) to implement within statutory boundaries. Our more modest task is to…

2Cases cited36 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. United States v. NixonSupreme Court of the United States · 1974
  4. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  5. Butz v. EconomouSupreme Court of the United States · 1978

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3Cited by78 opinions

  1. Department of Homeland Security v. Regents of Univ. of Cal.Supreme Court of the United States · 2020
  2. American Hospital Association v. Sylvia BurwellCourt of Appeals for the D.C. Circuit · 2016
  3. United States v. Fokker Services B.V.Court of Appeals for the D.C. Circuit · 2016
  4. City & County of San Francisco v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2018
  5. Texas v. United StatesDistrict Court, S.D. Texas · 2015

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