State of Idaho, Shoshone-Bannock Tribes, Intervenors v. U.S. Department of Energy, Public Service Company of Colorado, Intervenor

FARRIS, Circuit Judge:

The State of Idaho petitions for review of the Department of Energy’s decision to transport into Idaho for storage spent nuclear fuel produced at the Fort St. Vrain nuclear power station in Colorado. Shoshone-Bannock Indian Tribes intervene on behalf of Idaho and argue that transportation of the radioactive material violates various governmental obligations to the Indians. Public Service Company, the owner of the Fort St. Vrain plant, intervenes on behalf of DOE. We dismiss the petition for lack of jurisdiction.

I. Background

In 1965, the Atomic Energy Commission entered…