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United States v. Peter Morros, and State of Nevada R. Michael Turnipseed Nevada Agency for Nuclear Projects

Citations: 268 F.3d 695; 2001 Daily Journal DAR 10981; 2001 Cal. Daily Op. Serv. 8835; 2001 U.S. App. LEXIS 22342; 2001 WL 1218326Docket: 00-17330

Court: Court of Appeals for the Ninth Circuit; October 15, 2001; Federal Appellate Court

Narrative Opinion Summary

This case involves the United States challenging the Nevada State Engineer's denial of water permits essential for the Department of Energy's activities at Yucca Mountain under the Nuclear Waste Policy Act (NWPA). The denial was based on Nevada Revised Statute 459.910, which prohibits the storage of high-level radioactive waste, using public interest as a rationale. The United States argued that the statute obstructs the NWPA and is preempted by the Supremacy Clause. The district court dismissed the federal complaint, citing abstention doctrines, but the Ninth Circuit reversed this decision, finding abstention inappropriate for the federal preemption claim. The court emphasized that federal jurisdiction was proper under 28 U.S.C. § 1331 and § 1345. The appellate court remanded the case for a merits adjudication, focusing on whether federal law preempts state law in this context. The court's decision underscores the tension between state regulatory authority and federal objectives concerning nuclear waste management, with significant implications for state-federal relations in environmental regulation.

Legal Issues Addressed

Abstention Doctrines

Application: The district court's decision to abstain based on Pullman, Burford, and Colorado River abstention doctrines was reversed as inappropriate for this federal claim.

Reasoning: The district court opted for abstention from ruling on the merits based on Pullman, Burford, and Colorado River abstention doctrines, while determining that Younger abstention was not applicable.

Federal Jurisdiction under 28 U.S.C. § 1331 and § 1345

Application: The United States established federal question jurisdiction for their preemption claim under 28 U.S.C. § 1331 and § 1345.

Reasoning: Jurisdiction is established under 28 U.S.C. § 1331 due to the substantiality of the preemption claim, and additionally under 28 U.S.C. § 1345, which grants original jurisdiction to district courts for civil actions initiated by the United States.

Federal Preemption under the Supremacy Clause

Application: The United States argued that Nevada Revised Statute 459.910 obstructs the Nuclear Waste Policy Act (NWPA) and is preempted by the Supremacy Clause.

Reasoning: The complaint sought relief that included a declaration of preemption under the Supremacy Clause, an injunction against the State Engineer to evaluate the applications without regard to NRS 459.910, and a declaration that the State Engineer's ruling was arbitrary and capricious.

State Law and Public Interest in Water Permit Denials

Application: The Nevada State Engineer denied water permits based on public interest considerations under Nevada law, conflicting with federal objectives.

Reasoning: The State Engineer ultimately denied the applications, focusing on the public interest rationale, despite stipulations of water availability and no conflicting rights.