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Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

ELR Citation: 24 ELR 21079
Nos. No. 93-3724, 26 F.3d 77/38 ERC 2133/(8th Cir., 06/13/1994) Aff'd

The court holds that the state of Nebraska's challenge to the siting of a regional low-level radioactive waste (LLRW) disposal facility in that state is barred by the regional LLRW disposal compact's 60-day limitation period. The state claimed that the Central Interstate Low-Level Radioactive Waste Commission, which was established under the regional compact, failed to obtain required community consent before making its final site selection. The court first holds that there is no genuine issue of fact as to whether the Commission made a final decision regarding the site selected. A letter from the Commission chairperson and a notice from the site's construction contractor, which were sent to the state legislature in February 1990, as formal notification of the particular site selected, indicate that the Commission's selection of the site was a final decision. The court holds that the compact's 60-day limitation period bars the state's suit against the Commission, because the action was filed in January 1993—nearly three years after the Commission's final decision. The state's suit against the contractor is also time barred because that action essentially challenges the Commission's decision.

[The district court's decision is published at 24 ELR 20434.]

Counsel for Appellant
Linda L. Willard, Ass't Attorney General
Attorney General's Office
2115 State Capitol
P.O. Box 98920, Lincoln NE 68509
(402) 471-2682

Counsel for Appellees
Allen E. Petterson
Kline & Williams
1900 Firstier Bank Bldg., Lincoln NE 68508
(402) 474-6900

Before McMillian and Nangle,* JJ.