In a challenge to the Department of Energy’s issuance of an environmental impact statement concerning waste management activities at a project site that did not address long-term closure issues regarding the rest of the site, summary judgment for defendants is affirmed where: 1) the waste management activities that the Department was undertaking did not depend on the closure action for their justification; and 2) a prior stipulation entered between the parties did not curtail the Department’s ability to reevaluate its strategy for completing environmental impact review.
Read Coalition on W. Valley Nuclear Wastes v. Chu, No. 07-5243
Appellate Information
Argued: March 9, 2009
Decided: August 31, 2009
Judges
Opinion by Judge Livingston
Counsel
For Appellants:
Robert E. Knoer, The Knoer Group, PLLC, Buffalo, NY
For Appellees:
Tamara N. Rountree, United States Department of Justice, Washington, DC
Mary K. Roach, United States Department of Justice, Washington, DC
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