National Resources Defense Council v. Abraham

Full title: NATIONAL RESOURCES DEFENSE COUNCIL, et al, Plaintiff's, v. SPENCER…

Court: United States District Court, D. Idaho

Date published: Jul 2, 2003

Civ. No. 01-0413-S-BLW (D. Idaho Jul. 2, 2003)

Opinion

Civ. No. 01-0413-S-BLW

July 2, 2003

JUDGMENT

B. LYNN WINMILL, Chief Judge, District

In accordance with the Memorandum Decision filed with this Judgment, NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that the Plaintiff's motion for summary judgment (docket no. 56) is hereby GRANTED, and defendants' motion for summary judgment (docket no. 66) is hereby DENIED.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the DOE has violated NWPA by promulgating Order 435.1 as it relates to incidental waste, and that portion of Order 435.1 is declared invalid under the Administrative Procedures Act, 5 U.S.C. § 701 et seq.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the motion to strike (docket no. 68) is DEEMED MOOT, and the motion to supplement administrative record (docket no. 73) is hereby GRANTED.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that this action is hereby DISMISSED IN ITS ENTIRETY.