ELR Citation: ELR 20300
No(s). 84-4826 (5th Cir. Feb 20, 1985)

The court rules that 31 utilities are not entitled to intervene in a challenge to the Department of Energy's selection of sites in west Texas as potential long-term nuclear waste depositories under the Nuclear Waste Policy Act. The utilities pay into a Nuclear Waste Fund under the Act, which will be used to finance establishment of the depository. The court holds they have no "rights" under the Act at stake in the litigation. Their interest in establishment of the depository is analogous to a taxpayer's interest in government spending programs. Moreover, the policies underlying intervention do not argue in favor of the utilities' motion to intervene. They do not have a direct, substantial, and legally protectable interest in the outcome of the case, and they have not shown that the federal government will not adequately represent what interests they have. Further, they present no new issues involving common questions of law or fact that might justify permissive intervention. However, the court grants them leave to present their views as amicus curiae.

Counsel for Petitioners
Renea Hicks, Ass't Attorney General
P.O. Box 12548 Capitol Station, Austin TX 78711
(512) 475-0425

Counsel for Respondents
John A. Bryson, Martin W. Matzen
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2740

Counsel for Movants
Newman & Holtzinger, P.C.
1615 L St., NW, Washington DC 20036
(202) 955-6600