United States Second Circuit

In a challenge to the Department of Energy's issuance of an environmental impact statement concerning waste management activities at a project site that did not address long-term closure issues regarding the rest of the site, summary judgment for defendants is affirmed where: 1) the waste management activities that the Department was undertaking did not depend on the closure action for their justification; and 2) a prior stipulation entered between the parties did not curtail the Department's ability to reevaluate its strategy for completing environmental impact review.

Appellate Information

• Argued 03/09/2009
• Decided 08/31/2009
• Published 08/31/2009

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before WALKER and LIVINGSTON, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert E. Knoer, The Knoer Group, PLLC, Buffalo, N.Y., for Plaintiffs-Appellants.


• For Appellees:
  
• Tamara N. Rountree, Attorney (Mary K. Roach, Stacey Bosshardt, Lisa Jones Foose, Ann Peterson, United States Department of Justice; Janet Masters, P. Benjamin Underwood, United States Department of Energy, of counsel), on behalf of Ronald J. Tenpas, Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.