United States Tenth Circuit

The district court's decision, that a state statute regulating nuclear fuel is preempted by federal law, is affirmed over defendant-state of Utah's contentions that: 1) the plaintiffs who challenged the statute lack standing to bring the lawsuit and 2) the case is not ripe for review.

Appellate Information

• Decided 08/05/2004
• Published 08/05/2004

Judges

• HENRY, Circuit Judge., Before SEYMOUR, HENRY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Maureen E. Rudolph, Attorney, (Thomas L. Sansonetti, Assistant Attorney General, with her on the brief) United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for the United States of America, Amicus Curiae.


• For Appellees:
  
• Tim Vollmann, Albuquerque, NM (James A. Holtkamp, of LeBoeuf, Lamb, Greene & Mac Rae, Salt Lake City, UT, with him on the briefs), for the Plaintiff-Counterdefendant-Appellee Skull Valley Band of Goshute Indians., Val R. Antczak (J. Michael Bailey and H. Douglas Owens, Parsons, Behle & Latimer, Salt Lake City, UT, and Jay E. Silberg, Shaw Pittman, LLP, Washington, D.C., with him on the briefs), Parsons, Behle, and Latimer, Salt Lake City, UT, for the Plaintiff-Counterdefendant-Appellee Private Fuel Storage., Thomas R. Lee, Howard, Phillips, and Andersen, Salt Lake City, UT (Monte N. Stewart, Special Assistant Attorney General, Helen A. Frohlich, Assistant Attorney General, and Mark L. Shurtleff, Attorney General, Office of the Attorney General, Salt Lake City, UT, with him on the briefs), for the Defendants-Appellants Nielson, Warne, Brown, Bodily, Clyde, Eastman, Griffith, Larkin, and Lewis;  and the Defendants-Counterclaimants-Appellants Leavitt and Shurtleff.