United States Tenth Circuit

In an action brought to enjoin the operation of a nuclear waste repository located in southeastern New Mexico under the National Environmental Policy Act (NEPA), denial of the requested injunction is affirmed where the agency was not arbitrary and capricious in its environmental review, and the district court did not abuse its discretion in rejecting certain extra-record evidence.

Appellate Information

• Decided 05/03/2007
• Published 05/04/2007

Judges

• TYMKOVICH, Circuit Judge., Before MURPHY, BRORBY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John A. McCall, Albuquerque, New Mexico on the briefs, for Plaintiffs-Appellants.


• For Appellees:
  
• Jennifer L. Scheller, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Kelly A. Johnson, Acting Assistant Attorney General, and John A. Bryson, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C., David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Office of the United States Attorney, Albuquerque, New Mexico, and Elizabeth C. Rose, Of Counsel, Office of the Chief Counsel, United States Department of Energy, Carlsbad Field Office, Carlsbad, New Mexico, with her on the brief), for Defendants-Appellees.