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STATE OF MICH. v. U.S.

No. 5:90-CV-27.

773 F.Supp. 997 (1991)

STATE OF MICHIGAN, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, W.D. Michigan.

August 28, 1991.

Attorney(s) appearing for the Case

Charles C. Schettler, Jr., Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Environmental Protection Div., John C. Scherbarth, Asst. Atty. Gen., Frank J. Kelly, Atty. Gen., Appellate Div., Lansing, Mich., Anthony P. Hoang, Kenton W. Fulton, U.S. Dept. of Justice, Environment & Natural Resources Div., Gen. Litigation Section, Washington, D.C., for plaintiffs State of Mich., Mich. Dept. of Public Health, Mich. Low Level Radioactive Waste Authority, Mich. Dept. of Management and Budget, Mich. Natural Resources Com'n and Robert A. Bowman, Treasurer of State of Mich.

Thomas J. Gezon and Janice Kittel Mann, Asst. U.S. Attys., John A. Smietanka, U.S. Atty., Grand Rapids, Mich., Louise F. Milkman, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Kenton W. Fulton, U.S. Dept. of Justice, Environment & Natural Resources Div., General Litigation Section, Washington, D.C., for defendants U.S., Samuel Skinner, as Secretary of Transp. and Richard Thornburgh, as U.S. Atty. Gen.

OPINION

BENJAMIN F. GIBSON, Chief Judge.

This case involves the constitutionality of the federal Low Level Radioactive Waste Policy Act of 1980 and the Act's 1985 amendments. 42 U.S.C. §§ 2021b et seq. In their seven-count complaint, plaintiffs State of Michigan et al. (collectively "plaintiff") object to implementation of the legislation on the ground that it violates Michigan's state sovereignty as guaranteed by the Tenth Amendment...

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