Nevada wants plutonium removed from state pending appeal

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RENO, Nev. (AP) - Nevada wants a federal appeals court to order the U.S. government to remove weapon-grade plutonium the Department of Energy secretly trucked to a site near Las Vegas until the court decides whether the clandestine move was illegal.

The extraordinary request comes in an increasingly aggressive legal battle over the highly radioactive material the state says poses a danger to Nevadans' health and safety.

A federal judge in Reno has denied a similar motion for a temporary injunction pending the outcome of an appeal before the 9th Circuit Court of Appeals.

She ruled the matter was moot given the plutonium already had been shipped and DOE says no further shipments are planned.

Nevada's lawyers said in a new filing late Monday the government can't be trusted. They say removal of the plutonium is the only way to protect Nevada's rights.

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