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Nevada v. Department of Energy

ELR Citation: 36 ELR 20159
Nos. No. 04-1309, (D.C. Cir., 08/08/2006)

The court denies Nevada's petition for review of the U.S. Department of Energy's (DOE's) final environmental impact statement (EIS) for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mountain. Nevada argues that DOE is required to prepare a supplemental EIS for its interim transportation plan, which the state further argues is arbitrary and capricious. But because implementation of the interim plan may never materialize, the state's claims are speculative and it will not suffer any hardship from delayed review. The court also holds that the state's Administrative Procedure Act claims are not ripe for review and that its remaining National Environmental Policy Act claims alleging procedural flaws of the EIS are without merit.