Decided Aug. 31, 2009
Before Walker and Livingston, C.JJ., and Kaplan, D.J.**
The Coalition on West Valley Nuclear Wastes and Joanne E. Hameister contend that the United States Department of Energy (“DOE”) violated both the National Environmental Policy Act, 42 U.S.C. §4321 et seq., and the terms of a 1987 settlement between the Coalition and the DOE by issuing an environmental impact statement concerning waste management activities at the West Valley Project site, a portion of the Western New York Nuclear Service Center, that did not address long-term closure issues regarding the rest of the Center. The district court granted summary judgment in favor of the Department on all claims.
AFFIRMED.
