Tennessee v. Herrington

I concur in Judge Kennedy’s analysis concerning jurisdiction; this court has orig*654inal jurisdiction over actions concerning the issues here presented. See General Elec. Uranium Management Corp. v. United States Dep’t of Energy, 764 F.2d 896, 904 (D.C.Cir.1985). Her statement of the background of the cases is a correct recitation; therefore, I have no problem with parts I and II of the decision and join in this discussion and disposition.

The Act’s consultation and cooperation requirements1 present a confused and complicated set of problems. As pointed out in footnote 9 of Judge Kennedy’s…