9th Circuit denies Nevada appeal in federal plutonium fight
By SCOTT SONNER
RENO, Nev. (AP) - A federal appeals court has ruled against the state of Nevada in an ongoing legal battle over the federal government's secret shipment of weapons-grade plutonium to a site near Las Vegas.
A three judge panel of the 9th U.S. Circuit Court of Appeals denied Nevada's appeal Tuesday of a federal judge's refusal to block any future shipments to the state.
The appellate court in San Francisco says the matter is moot because the Energy Department already trucked the radioactive material and has promised that no more will be sent to Nevada.
The state also wanted the court to order the government to remove the plutonium it shipped to Nevada last year but didn't disclose until January. The 9th Circuit says that issue also moot is because the state failed to include that request in its original court filings.
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