Nevada AG says plutonium fight will continue

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RENO, Nev. (AP) - 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.

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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