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.
Argued: March 9, 2009
Decided: August 31, 2009
Opinion by Judge Livingston
Mary K. Roach, United States Department of Justice, Washington, DC