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STATE OF TENN. v. HERRINGTON

No. 3-85-0959.

626 F.Supp. 1345 (1986)

STATE OF TENNESSEE v. John HERRINGTON, Secretary of the United States Department of Energy.

United States District Court, M.D. Tennessee, Nashville Division.

February 5, 1986.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen., John Knox Walkup, Chief Deputy Atty. Gen., Frank J. Scanlon, Deputy Atty. Gen., Nashville, Tenn., for plaintiff.

Joe E. Brown, U.S. Atty., James C. Thomason, Asst. U.S. Atty., Nashville, Tenn., Wells D. Burgess, Land and Natural Resources Div., U.S. Dept. of Justice, Gregory Fess, Dept. of Energy, Gen. Counsel, Washington, D.C., for defendant.

MEMORANDUM

WISEMAN, Chief Judge.

Before the Court, on the State of Tennessee's first cause of action, are cross-motions for summary judgment which require interpretation of certain provisions of the Nuclear Waste Policy Act of 1982 ("NWPA").1 In 1982, Congress enacted the NWPA, an ambitious statute whose intent was to grapple with the multitude of problems associated with the generation of nuclear waste by commercial power facilities...

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