Independent Guard Association Of Nevada, Local No. 1 v. Hazel O'leary

57 F.3d 766 INDEPENDENT GUARD ASSOCIATION OF NEVADA, LOCAL NO. 1, Plaintiff-Appellant, v. Hazel O'LEARY, * Secretary of Energy of the United States of America, on Behalf of the UNITED STATES DEPARTMENT OF ENERGY, an executive department of the United States of America, Defendant-Appellee. No. 93-15769. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided June 12, 1995. George A. Pappy, Pappy & Davis, Los Angeles, CA, for plaintiff-appellant. L. Dow Davis and Monte N. Stewart, U.S. Dept. of Energy, Washington, DC, for defendant-appellee. Appeal from the United States District Court for the District of Nevada. Before: SCHROEDER and RYMER, Circuit Judges, and DWYER, ** District Judge. SCHROEDER, Circuit Judge: 1 The Independent Guard Association of Nevada, Local No. 1 ("IGAN"), appeals the district court's grant of summary judgment to the Secretary of Energy in IGAN's suit to enjoin the application of the Department of Energy's ("DOE" or "agency") Nuclear Explosive Safety Order 5610.11 (Oct. 10, 1990) ("Order"). IGAN objected to the DOE's promulgation of the Order, which is an extensive personnel regulation, without the prior notice and…