State of Nevada v. Watkins

943 F.2d 1080 Nuclear Reg. Rep. P 20,541 , 33 ERC 1947 STATE OF NEVADA; Richard H. Bryan, Governor of Nevada; Paul Laxalt, United States Senator; Chic Hecht, United States Senator; Barbara Vucanovich, United States Representative in Congress; Harry Reid, United States Representative in Congress, Petitioners, v. James D. WATKINS, Secretary of the United States Department of Energy, * Respondent, Arkansas Power & Light Company, et al., Respondent-Intervenor. No. 86-7309. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1991. Decided Aug. 28, 1991. James H. Davenport, Deputy Atty. Gen., Olympia, Wash., for petitioners. John A. Bryson, Dept. of Justice, Washington, D.C., for respondent. Jay E. Silberg, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for respondent-intervenor. Petition for Review of a Decision of the United States Department of Energy. Before GOODWIN, FLETCHER and THOMPSON, Circuit Judges. FLETCHER, Circuit Judge: 1 The State of Nevada petitions for review of an environmental assessment ("EA") prepared by the Secretary of the Department of Energy ("Secretary") pursuant to the Nuclear Waste Policy Act of 1982 ("NWPA"), Pub.L.…