United States Ninth Circuit
Tri-Valley CAREs v. Dep't of Energy, 10-17636
In a challenge to the sufficiency of the United States Department of Energy's (DOE) environmental assessment of a prospective "biosafety level-3" facility at the Lawrence Livermore National Laboratory, the district court's summary judgment in favor of the DOE is affirmed, where: 1) the DOE took the requisite "hard look" at the environmental impact of an intentional terrorist attack; and 2) the district court did not abuse its discretion in denying the plaintiffs' motion to supplement the record.
Appellate Information
- Decided 02/07/2012
- Published 02/07/2012
Judges
- M. Smith
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Scott Yundt, Barclay T. Samford