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SKULL VALLEY BAND OF GOSHUTE INDIANS v. LEAVITT

No. 2:01-CV-270C.

215 F.Supp.2d 1232 (2002)

THE SKULL VALLEY BAND OF GOSHUTE INDIANS and Private Fuel Storage, L.L.C., Plaintiffs, v. Michael O. LEAVITT, in his official capacity as Governor of the State of Utah; Mark L. Shurtleff, in his official capacity as Attorney General of the State of Utah; Dianne R. Nielson, in her official capacity as Executive Director of the Utah Department of Environmental Quality; Thomas Warne, in his official capacity as Executive Director of the Utah Department of Transportation; Glen Edward Brown, Stephen M. Bodily, Hal Mendenhall Clyde, Dan R. Eastman, Sheri L. Griffith, James Grey Larkin, and Ted D. Lewis, in their official capacities as Commissioners of the Utah Department of Transportation Defendants.

United States District Court, D. Utah, Central Division.

July 30, 2002.

Attorney(s) appearing for the Case

James A. Holtkamp, LeBoeuf Lamb Greene & MacRae, LLP, Salt Lake City, Tim Vollmann, Albuquerque, NM, for Skull Valley Band of Goshute Indians.

Val R. Antczak, J. Michael Bailey, Henry D. Owens, Parsons Behle & Latimer, Salt Lake City, UT, Jay E. Silberg, Ernest L. Blake, Jr., Shaw Pittman Potts & Trowbridge, Washington, DC, for Private Fuel Storage.

Carlie Christensen, U.S. Attorney's Office, Maureen E. Rudolph, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S.

James R. Soper, Utah Atty. General's Office, Salt Lake City, UT, Lawrence J. Jensen, Office of Solicitor, Dept. of Interior, Washington, DC, Monte Neil Stewart, Helen A. Frohlich, Utah Atty. General's Office, Salt Lake City, UT, for Michael O. Leavitt, Mark L. Shurtleff.

ORDER

CAMPBELL, District Judge.

This case arises out of Plaintiffs Skull Valley Band of Goshute Indians' ("Skull Valley Band") and Private Fuel Storage, L.L.C.'s ("PFS") agreement to permit PFS to build and operate a spent nuclear fuel ("SNF") storage facility in Utah on the tribal reservation lands of the Skull Valley Band. SNF is a waste product generated by commercial nuclear reactors. Plaintiffs filed...

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