Legal Opinion
Entergy Arkansas, Inc. v. Nebraska
District Court, D. Nebraska
Decided September 30, 2002No. 4:98CV3411PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
KOPF, Chief Judge.
After a two-month trial, I find and conclude that Nebraska violated its federal obligation to the United States and the States of Arkansas, Kansas, Louisiana, and Oklahoma. To be specific, Nebraska failed to act in good faith as required by an interstate compact when it considered, delayed, and then denied a license to build a low-level radioactive waste disposal facility that was to be used by the citizens of those five states.
In so deciding, I do not determine whether the license should have been granted. As I have said before, Nebraska was vested with…
2Cases cited54 opinions
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Lemon v. KurtzmanSupreme Court of the United States · 1973
- City of Columbia v. Omni Outdoor Advertising, Inc.Supreme Court of the United States · 1991
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3Cited by2 opinions
- Entergy Arkansas, Inc. v. NebraskaCourt of Appeals for the Eighth Circuit · 2004
- Central Interstate v. State of NebraskaCourt of Appeals for the Eighth Circuit · 2004