United States DC Circuit

Nevada's petition for review of a Final Environmental Impact Statement (FEIS) for a repository for nuclear waste and a portion of the Record of Decision (ROD) the Department of Energy issued governing the transportation of nuclear waste from the production sources to the repository location is denied where some of the state's claims were unripe for review and the remaining claims were without merit.

Appellate Information

• Argued 10/18/2005
• Decided 08/08/2006
• Published 08/08/2006

Judges

• Before:  HENDERSON and RANDOLPH, Circuit Judges;  and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph R. Egan, Special Deputy Attorney General, State of Nevada, argued the cause for the petitioner.  Brian Sandoval, Attorney General, Marta A. Adams, Deputy Attorney General, Antonio Rossmann and Roger B. Moore, Special Deputy Attorneys General, State of Nevada, and Martin G. Malsch, Robert J. Cynkar, Charles J. Fitzpatrick and Paul H. Lamboley were on brief.


• For Appellees:
  
• John A. Bryson, Attorney, United States Department of Justice, argued the cause for the respondent.  Greer S. Goldman and Ronald M. Spritzer, Attorneys, United States Department of Justice were on brief., Jean V. MacHarg, John C. Martin, Susan M. Mathiascheck, and Michael A. Bauser were on the brief for amicus curiae Nuclear Energy Institute, Inc. in support of respondent.