Michigan Coalition Of Radioactive Material Users, Inc. v. Grienpentrog

945 F.2d 150 (6th Cir. 1991)

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Nature of the Case

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Facts

This opinion will clarify the standards we apply in reviewing an application for a stay of judgment pursuant to Fed. R. App. P. 8(a). By an act of Congress sited states are required to make their disposal capacity available for low-level radioactive waste from non-sited states for the period between January 1, 1986, through December 31, 1992. In 1990, Ds concluded that Michigan was not in compliance with the Act and effective November 10, 1990, denied waste generators in Michigan access to their disposal facilities. P is an association whose members engage in the use of radioactive materials and who generate low-level radioactive waste. P filed suit seeking declaratory and injunctive relief prohibiting D from denying access to the waste disposal facilities located in Ds’ states. The parties filed cross-motions for summary judgment. The district court granted judgment in favor of P finding that P had complied with the requirements of the Act and that Ds had no authority to deny waste generators in Michigan access to the sited states' facilities prior to January 1, 1993. The district court permanently enjoined Ds from denying access to disposal facilities in their respective states for disposal of low-level radioactive waste generated in Michigan prior to January 1, 1993. An appropriate appeal has followed. Pursuant to Rule 8(a) of the Federal Rules of Appellate Procedure, 28 U.S.C. Rules, D now requests us to issue an order staying the district court's judgment and granting them a permanent injunction.