United States Ninth Circuit

In an action to obtain a declaration that Department of Energy Order 435.1, which outlines the management of radioactive waste, is invalid, plaintiff's suit is dismissed where the case is unripe.

Appellate Information

• Argued 10/05/2004
• Decided 11/05/2004
• Published 11/05/2004

Judges

• FERNANDEZ, Circuit Judge:, Before:  KOZINSKI, FERNANDEZ, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David K. Mears, Senior Assistant Attorney General, Olympia, WA, for amici curiae State of Idaho, State of Oregon, State of New Mexico, State of New York, State of South Carolina, State of Washington, and the New York State Energy Research and Development Authority.


• For Appellees:
  
• Ronald M. Spritzer, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendants-appellants., Geoffrey H. Fettus, Natural Resources Defense Council, Washington, DC;  Raymond C. Givens, Givens Law Firm, Coeur d'Alene, ID;  Dan Israel, Shoshone-Bannock Tribes, Boulder, CO, for the plaintiffs-appellees.