Public Service Company of Colorado v. Batt

67 F.3d 234 41 ERC 2113 , 26 Envtl. L. Rep. 20 ,071, 95 Cal. Daily Op. Serv. 7774 , 95 Daily Journal D.A.R. 13 ,335 PUBLIC SERVICE COMPANY OF COLORADO, Plaintiff, and United States of America, Plaintiff-Appellant, v. Phillip E. BATT, in his official capacity as Governor of the State of Idaho; State of Idaho, Defendants-Appellees. No. 95-35608. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1995. Decided Sept. 28, 1995. John A. Bryson, Assistant Attorney General, United States Department of Justice, Washington, D.C., for plaintiff-appellant. Jeffery J. Ventrella, Elam & Burke, Boise, Idaho, C. Nicholas Krema, Deputy Attorney General, Boise, Idaho, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before EUGENE A. WRIGHT, ALARCON and CANBY, Circuit Judges. OPINION CANBY, Circuit Judge: I. 1 This case arises from the efforts of the United States, vigorously opposed by the State of Idaho, to ship spent nuclear fuel to the Idaho National Engineering Laboratory for storage. The United States appeals the district court's order "continuing" an earlier injunction that prevents it from making such shipments.…