United States Ninth Circuit

Under the Nuclear Waste Policy Act of 1982, 42 USC 10139(a), a Department of Energy order determining whether radioactive waste is merely incidental to reprocessing is not a "decision" under the Act that vests the appellate court with original jurisdiction.

Appellate Information

• Argued 02/09/2001
• Decided 03/28/2001
• Published 03/28/2001

Judges

• RYMER, Circuit Judge:, Before:  RYMER, THOMAS and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David E. Adelman (argued), Natural Resources Defense Council, Washington, D.C., and Eric R. Glitzenstein, Meyer & Glitzenstein, Washington, D.C., for the petitioners.


• For Appellees:
  
• Lisa E. Jones, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for respondents.