A federal judge has dismissed a lawsuit filed this year by the Western Shoshone National Council, saying the U.S. District Court in Las Vegas lacks jurisdiction to decide if an 1863 treaty prohibits the Department of Energy from proceeding with plans to build a nuclear waste dump at Yucca Mountain.
"Barring some other waiver, the United States' alleged treaty violations may not be redressed by a civil suit in this court," U.S. District Judge Philip Pro wrote in his Nov. 1 order granting a motion by lawyers for the Energy and Interior departments to dismiss the case.
A statement Wednesday by Robert Hager, attorney for the Western Shoshone National Council and four members of the tribe, says he will ask the court to reconsider its decision.
"If the court does not reverse that decision, an appeal will follow" with the 9th U.S. Circuit Court of Appeals in San Francisco, said Hager, a Reno attorney.
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