SKULL VALLEY BAND OF GOSHUTE INDIANS v. NIELSON

No. 02-4149.

376 F.3d 1223 (2004)

The SKULL VALLEY BAND OF GOSHUTE INDIANS and Private Fuel Storage, L.L.C., Plaintiffs-Counterdefendants-Appellees, v. 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, in his official capacity as Commissioner of the Utah Department of Transportation; Stephen M. Bodily, in his official capacity as Commissioner of the Utah Department of Transportation; Hal Mendenhall Clyde, in his official capacity as Commissioner of the Utah Department of Transportation; Dan R. Eastman, in his official capacity as Commissioner of the Utah Department of Transportation; Sheri L. Griffith, in his official capacity as Commissioner of the Utah Department of Transportation; James Grey Larkin, in his official capacity as Commissioner of the Utah Department of Transportation; Ted D. Lewis, in his official capacity as Commissioner of the Utah Department of Transportation, Defendants-Appellants, and 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, Defendants-Counterclaimants-Appellants, United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 4, 2004.


Attorney(s) appearing for the Case

Tim Vollmann, Albuquerque, NM (James A. Holtkamp, of LeBoeuf, Lamb, Greene & Mac Rae, Salt Lake City, UT, with him on the briefs), for the Plaintiff-Counterdefendant-Appellee Skull Valley Band of Goshute Indians.

Val R. Antczak (J. Michael Bailey and H. Douglas Owens, Parsons, Behle & Latimer, Salt Lake City, UT, and Jay E. Silberg, Shaw Pittman, LLP, Washington, D.C., with him on the briefs), Parsons, Behle, and Latimer, Salt Lake City, UT, for the Plaintiff-Counterdefendant-Appellee Private Fuel Storage.

Thomas R. Lee, Howard, Phillips, and Andersen, Salt Lake City, UT (Monte N. Stewart, Special Assistant Attorney General, Helen A. Frohlich, Assistant Attorney General, and Mark L. Shurtleff, Attorney General, Office of the Attorney General, Salt Lake City, UT, with him on the briefs), for the Defendants-Appellants Nielson, Warne, Brown, Bodily, Clyde, Eastman, Griffith, Larkin, and Lewis; and the Defendants-Counterclaimants-Appellants Leavitt and Shurtleff.

Maureen E. Rudolph, Attorney, (Thomas L. Sansonetti, Assistant Attorney General, with her on the brief) United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for the United States of America, Amicus Curiae.

Before SEYMOUR, HENRY, and McCONNELL, Circuit Judges.


HENRY, Circuit Judge.

The Governor and Attorney General of Utah, along with Utah environmental and transportation officials, appeal the district court's ruling that the state's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. See Skull Valley Band of Goshute Indians v. Leavitt, 215 F.Supp.2d 1232 (D.Utah 2002). The Utah officials argue that the district court should...

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