State of Nevada v. Hazel R. O'leary, Secretary, U.S. Department of Energy

57 F.3d 1078 25 Envtl. L. Rep. 21 ,449 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STATE OF NEVADA, Petitioner, v. Hazel R. O'LEARY, Secretary, U.S. Department of Energy, Respondent. No. 94-70148. United States Court of Appeals, Ninth Circuit. June 6, 1995. Before CUMMINGS, * SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The State of Nevada ("Nevada") challenges the decision of the Secretary of the United States Department of Energy ("the Secretary") to terminate the study of the origin of calcite-silica deposits in certain locations at Yucca Mountain, Nevada. Nevada contends the calcite-silica deposits indicate that the Yucca Mountain site is unsuitable for use as a repository of high-level nuclear waste. Nevada thus alleges that the Secretary's decision to terminate the investigation of the deposits is a failure to carry out appropriate site characterization activities as required by section 113 of the Nuclear Waste Policy Act ("the NWPA"), 42 U.S.C. Sec.…