Coalition on W. Valley Nuclear Wastes v. Chu, No. 07-5243 - U.S. Second Circuit
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Coalition on W. Valley Nuclear Wastes v. Chu, No. 07-5243

In a challenge to the Department of Energy's issuance of an environmental impact statement concerning waste management activities at a project site that did not address long-term closure issues regarding the rest of the site, summary judgment for defendants is affirmed where: 1) the waste management activities that the Department was undertaking did not depend on the closure action for their justification; and 2) a prior stipulation entered between the parties did not curtail the Department's ability to reevaluate its strategy for completing environmental impact review.

Read Coalition on W. Valley Nuclear Wastes v. Chu, No. 07-5243

Appellate Information

Argued: March 9, 2009

Decided: August 31, 2009

Judges

Opinion by Judge Livingston

Counsel

For Appellants:

Robert E. Knoer, The Knoer Group, PLLC, Buffalo, NY

For Appellees:

Tamara N. Rountree, United States Department of Justice, Washington, DC

Mary K. Roach, United States Department of Justice, Washington, DC