The government will seek dismissal of the lawsuit that blocked plans for a non-nuclear explosion that would have sent a mushroom-shaped dust cloud high over the Nevada desert.
That's what a Justice Department lawyer told a federal judge today in Las Vegas.
But a lawyer representing an American Indian tribe and "downwinders" in Utah and Nevada who sued to stop the "Divine Strake" blast says opponents fear the government will simply scale down plans and mount smaller experiments.
Federal Judge Lloyd George kept the case open -- with another conference set for April 30th.
The federal government last week canceled the 700-ton explosion at the Nevada Test Site.