ELR Citation: ELR 20133
No(s). 03-35711 (9th Cir. Nov 5, 2004)

The Ninth Circuit held unripe nonprofit groups' action to obtain a declaration that a U.S. Department of Energy order that outlines the management of defense radioactive waste is invalid. Delayed review will not cause any real cognizable hardship, but intervention at this point would unduly interfere with the administrative process and the courts would benefit greatly from a reification of the issues through further factual development.

[Prior decisions in this litigation are published at 31 ELR 20547 and 33 ELR 20235.]