California Radioactive Materials Management Forum v. Department of Health Services

Bad Law

15 Cal. App. 4th 841·19 Cal. Rptr. 2d 357·1993 Cal. App. LEXIS 500·93 Daily Journal DAR 5904·93 Cal. Daily Op. Serv. 3443

Court of Appeal of CaliforniaMay 7, 1993C013930California13,921 words

Opinion

Sparks, J.

This original writ proceeding arises out of a dispute over an application for a license for the construction and operation of a low-level radioactive waste disposal facility in Ward Valley near the City of Needles in the Southern California desert. The petitioners challenge an order of the Department of Health Services (the department) for administrative proceedings in a formal adjudicatory mode in connection with the application of US Ecology, Inc., (US Ecology) for the license in question. Petitioners are US Ecology and diverse individuals and groups with asserted interests in ensuring the timely construction and operation of the facility. Named as respondents are the department, Dr. Molly J. Coye in her capacity as Director of Health Services, the Health and Welfare Agency, and Russell S. Gould in his capacity as Secretary of the Health and Welfare Agency. The state Senate Rules Committee was designated a real party in interest after we granted its motion to intervene. Numerous persons and groups have filed amici curiae briefs supporting and opposing the petitions.

The department has already conducted exhaustive administrative proceedings on the pending license…

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Parties

CALIFORNIA RADIOACTIVE MATERIALS MANAGEMENT FORUM
Plaintiff
DEPARTMENT OF HEALTH SERVICES
Defendant

Judges

Sparks

Cites (56)

120 L. Ed. 2d 120
45 Cal. 2d 524
31 Cal. 3d 166
263 Cal. App. 2d 682
142 Cal. App. 2d 487
51 Cal. 3d 564
145 Cal. App. 3d 688
12 Cal. 3d 434
22 Cal. 2d 344
410 U.S. 224
93 S. Ct. 801
406 U.S. 742
687 F.2d 1067
23 Cal. 3d 55
782 F.2d 182
369 F. Supp. 1040
835 F.2d 881
318 F. Supp. 490
15 Cal. 2d 612
4 Cal. App. 3d 800
26 Cal. 3d 897
16 Cal. 3d 676
40 Cal. 2d 772
36 Cal. 2d 125
444 U.S. 555
367 U.S. 396
462 U.S. 919
369 U.S. 186
114 Cal. 578
15 Cal. 2d 275
42 Cal. 2d 621
19 Cal. 2d 831
4 Cal. 3d 130
45 Cal. App. 3d 230
39 Cal. App. 3d 954
26 Cal. Rptr. 775
55 Cal. App. 117
435 U.S. 519
309 U.S. 134
13 Cal. 2d 513
13 Cal. 2d 497
6 Cal. 3d 595
85 Cal. 333
115 L. Ed. 2d 236
52 Cal. 2d 441
478 U.S. 714
194 Cal. 37
193 Cal. 740
192 Cal. 54
478 U.S. 833
13 Cal. 3d 733
32 Cal. 2d 351
449 U.S. 433
341 U.S. 22
233 Cal. App. 3d 1365
505 F.2d 320