Appalachian States Low-Level Radioactive Waste Commission v. Hon. Federico Pena, 1 in His Official Capacity as Secretary of Energy
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
MeKEE Circuit Judge.
This is the second time this dispute has come before this panel. The first time, then-Secretary of Energy Hazel O’Leary appealed the district court’s grant of summary judgment to the Appalachian States Low-Level Radioactive Waste Commission 2 (“the Commission”) in the mandamus action the Commission had filed in an attempt to compel the Secretary to release all funds that had been escrowed pursuant to the Low-Level Radioactive Waste Policy Amendments Act of 1985, 3 42 U.S.C. § 2021b et seq. At issue was whether the Commission had provided for the…
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