The Latest: Nevada AG says plutonium fight will continue

AP

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  • FILE - In this May 10, 2017, file photo provided by the Los Alamos National Laboratory, U.S. Secretary of Energy Rick Perry, second from left, accompanied by Laboratory Director Charlie McMillan, second from right, learns about capabilities at the Los Alamos Laboratory Plutonium Facility, from Jeff Yarbrough, right, Los Alamos Associate Director for Plutonium Science and Manufacturing, in Los Alamos. A federal appeals court has ruled against Nevada in a legal battle over the U.S. 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 on Tuesday, Aug. 13, 2019, denied the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco says the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there. (Los Alamos National Laboratory via AP, File)

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    FILE - In this Feb. 18, 1997 file photo, then John McGrail, director of the Department of Energy stockpile stewardship program, talks about the $100 million Device Assembly Facility behind him at the Nevada Test Site in Mercury, Nev. Nevada's U.S. senators and Energy Secretary Rick Perry are set to tour the site north of Las Vegas where the federal government is handling weapons-grade plutonium shipped from South Carolina. A federal appeals court has ruled against Nevada in a legal battle over the U.S. 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 on Tuesday, Aug. 13, 2019, denied the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco says the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there. (AP Photo/Lennox McLendon, File)

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    FILE - In this 1997 file photo a group of people walk down a hallway which winds through the Device Assembly Facility which houses 30 separate buildings at the Nevada Test Site in Mercury, Nev. A federal appeals court has ruled against Nevada in a legal battle over the U.S. 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 on Tuesday, Aug. 13, 2019, denied the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco says the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there. (AP Photo/Lennox McLendon, File)

  • FILE - In this May 10, 2017, file photo provided by the Los Alamos National Laboratory, U.S. Secretary of Energy Rick Perry, second from left, accompanied by Laboratory Director Charlie McMillan, second from right, learns about capabilities at the Los Alamos Laboratory Plutonium Facility, from Jeff Yarbrough, right, Los Alamos Associate Director for Plutonium Science and Manufacturing, in Los Alamos. A federal appeals court has ruled against Nevada in a legal battle over the U.S. 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 on Tuesday, Aug. 13, 2019, denied the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco says the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there. (Los Alamos National Laboratory via AP, File)

  • 1

    FILE - In this Feb. 18, 1997 file photo, then John McGrail, director of the Department of Energy stockpile stewardship program, talks about the $100 million Device Assembly Facility behind him at the Nevada Test Site in Mercury, Nev. Nevada's U.S. senators and Energy Secretary Rick Perry are set to tour the site north of Las Vegas where the federal government is handling weapons-grade plutonium shipped from South Carolina. A federal appeals court has ruled against Nevada in a legal battle over the U.S. 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 on Tuesday, Aug. 13, 2019, denied the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco says the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there. (AP Photo/Lennox McLendon, File)

  • 2

    FILE - In this 1997 file photo a group of people walk down a hallway which winds through the Device Assembly Facility which houses 30 separate buildings at the Nevada Test Site in Mercury, Nev. A federal appeals court has ruled against Nevada in a legal battle over the U.S. 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 on Tuesday, Aug. 13, 2019, denied the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco says the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there. (AP Photo/Lennox McLendon, File)

RENO, Nev. (AP) The Latest on the 9th U.S. Circuit Court of Appeals denying Nevada's appeal in a battle with the U.S. government over secret shipments of plutonium (all times local):

5:35 p.m.

Nevada's attorney general says he'll continue to pursue all legal options to block unlawful shipments of weapons-grade plutonium to a site near Las Vegas after a U.S. appeals court denied the state's appeal in an ongoing battle with the federal government.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled against Nevada on Tuesday. It said the matter is moot because the Energy Department already shipped the radioactive material in question and has promised no more will be hauled to Nevada.

Nevada Attorney General Aaron Ford said in a statement late Tuesday he intends to continue to litigate the case because of the Energy Department's record of "deceitful behavior."

He didn't provide any details about his next legal move.

The state's options include requesting a rehearing before the full 9th Circuit or seeking a new court order to remove the plutonium that's already been shipped from South Carolina to Nevada.

___

10:45 a.m.

A federal appeals court on Tuesday ruled against Nevada in a battle with the U.S. government over its 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 the state's appeal after a judge refused to block any future shipments to Nevada. The court in San Francisco said the matter is moot because the Energy Department already sent the radioactive material and has promised that no more will be hauled there.

Nevada also wanted the court to order the government to remove the plutonium it shipped last year but didn't reveal had arrived there until January. The 9th Circuit said that issue also is moot because the state failed to include that request in its original motion seeking to block future shipments.

 

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