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Coalition on West Valley Nuclear Wastes v. Bodman

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Argued: March 9, 2009

Before: WALKER and LIVINGSTON, Circuit Judges, and KAPLAN, District Judge.*fn2

The Western New York Nuclear Service Center (“Center”) is located approximately thirty miles southeast of Buffalo, New York. It began operation in 1966 as a commercial nuclear fuel reprocessing plant, operated by a private contractor, Nuclear Fuel Services (“Nuclear Fuel Services”), for the purpose of recovering uranium and plutonium from spent nuclear fuel. The reprocessing plant, which is the only one of its kind ever to operate in the United States, was closed for improvements in 1972 and ultimately did not reopen as a commercial enterprise. Nuclear Fuel Services withdrew from the business and yielded responsibility for the plant to what is now known as the New York State Energy Research and Development Authority (“NYSERDA”), which owns and maintains the 3345-acre Center to this day.

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