· 8/4/2004
Skull Valley Band of Goshute Indians v. Nielson Ex Rel. Utah Department of Environmental Quality
Citations
- 376 F.3d 1223
- 198 A.L.R. Fed. 741
- 58 ERC (BNA) 2099
- 2004 U.S. App. LEXIS 16055
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that invalidating a challenged ordinance allowed a company to “continue with the state agency’s permitting process, knowing that obtaining a state agency permit will not have been in vain” (alterations omitted)
- stating that Part A establishes “a 7 Section 10139(a)(1)(D) also creates jurisdiction “for review of any environmental impact statement prepared pursuant to [the National Environmental Policy Act] . . . as required under section 10155(c)(1
- “Standing and ripeness are closely related in that each focuses on whether the harm asserted has matured sufficiently to warrant judicial intervention.”
- referring to “the uncertainty of not knowing whether they will be required to incur the substantial expenses and comply with the numerous regulatory requirements imposed by the Utah statutes”
- “[I]n order to determine whether the Utah statutes at issue are preempted, we must examine the federal statutes regulating nuclear power.”
- “[I]n order to determine whether the Utah statutes at issue are preempted, we must examine the federal statutes regulating nuclear power.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, Henry, McConnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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