United States v. Peter Morros, and State of Nevada R. Michael Turnipseed Nevada Agency for Nuclear Projects

Opinion by Judge T.G. NELSON; Dissent by Judge HUG

T.G. NELSON, Circuit Judge:

The United States appeals the district court’s decision to abstain from deciding whether the Nevada State Engineer’s denial of the United States’ water permit applications is preempted by federal law. We hold that abstention was improper and remand for adjudication on the merits.

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FACTS AND DISTRICT COURT PROCEEDINGS

Congress passed the Nuclear Waste Policy Act (“NWPA” or “the Act”)1 in 1982 in order to “establish a schedule for the siting, construction, and operation”2 of a national nuclear waste repository. Although…