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Government,
Environmental & Energy

Dec. 9, 2019

Judge: Public Watchdogs can’t refile challenge to stop nuclear fuel burial at power plant

Lawsuit seeking to stop decommissioning project at San Diego nuclear plant dismissed with prejudice due to lack of subject matter jurisdiction and failure to allege state claims of nuisance which are preempted by federal law.

A federal judge has thrown out a lawsuit hoping to stop nuclear fuel from being buried on a San Diego beach near a defunct power plant, ruling she lacked subject matter jurisdiction.

U.S. District Judge Janis L. Sammartino's 38-page decision, issued Tuesday, dismissed the case with prejudice and found plaintiff nonprofit group Public Watchdogs failed to show any of its m...

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