A Las Vegas judge has issued a partial preliminary injunction in a drawn-out, hard-fought dispute between marijuana companies and the state, prohibiting certain businesses who won a conditional state license in December from moving forward to open dispensaries.
The decision from Clark County District Court Judge Elizabeth Gonzalez on Friday enjoins the state from doing a final inspection on marijuana businesses that did not provide the complete identification of each prospective owner, officer and board member, pending a trial. It wasn’t immediately clear how many businesses are affected by the decision and will be barred from launching operations; a spokesman for the state Department of Taxation could not be reached Friday afternoon.
“The [Department of Taxation] acted beyond its scope of authority when it arbitrarily and capriciously replaced the mandatory requirement of [Ballot Question 2], for the background check of each prospective owner, officer and board member with the 5 percent or greater standard,” Gonzalez wrote about one of the main complaints brought in court — that the application process violated the will of voters.
She found several faults with the state’s process of vetting applications, noting that…
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LAS VEGAS — A judge on Friday froze the permit process for some new Nevada retail cannabis stores, issuing a ruling that sided with companies that lost bids to open recreational pot shops.
Clark County District Court Judge Elizabeth Gonzalez issued an injunction halting several dozen new licenses where questions were raised about the owners’ compliance with the licensing requirements.
Losing bidders argued the process was so riddled with mistakes and bias that Gonzalez should void 61 licenses that were approved last December from among 462 applications.
Attorneys for the state and some companies that won retail dispensary licenses say the process wasn’t perfect, but tax officials are fairly enforcing a voter-approved initiative that legalized recreational pot sales to adults.
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Nevada hasn’t given up its fight to try to get the federal government to remove a half-metric ton of weapons-grade plutonium that was secretly sent to the Nevada National Security Site last fall.
The Nevada attorney general’s office on Thursday filed a motion asking the U.S. District Court to allow the state to amend its original complaint to request that the court force the Department of Energy to remove the nuclear material from the Nevada National Security Site.
“Even though the Ninth Circuit recently determined that Nevada’s interlocutory appeal from this court’s preliminary injunction denial was moot, Nevada’s fight to protect its citizens and environment from ongoing harm caused by the Department of Energy’s secret plutonium shipment will continue,” the motion from the attorney general’s office said.
The filing comes two days after the Ninth Circuit Court of Appeals shot down the state’s initial appeal, in part because the initial complaint in the lawsuit did not ask for the material to be removed. Nevada officials did not know when they filed the lawsuit in November 2018 that the material had already been shipped to Nevada. The federal government did not disclose that fact until January in a court filing.
A Reno federal judge denied the state’s original motion to stop the shipments from coming to Nevada because those shipments had already occurred, and the Ninth Circuit upheld that decision.
A different federal judge last year ordered the Energy Department to remove one metric ton of weapons-grade plutonium from the Savannah River Site in South Carolina. A half-ton was shipped to Nevada last fall, and the Energy Department announced last week that the other half-ton had been shipped to either Texas or New Mexico.
In April, U.S. Sen. Catherine Cortez Masto said that she had struck a deal with Energy Secretary Rick Perry to remove the plutonium from Nevada starting in 2021, and that no additional plutonium would be sent to Nevada.
RENO, Nev. (AP) — 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 but the state’s attorney general says the fight isn’t over yet.
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.
“The remedy Nevada sought — stopping the government from shipping plutonium from South Carolina to Nevada under the proposed action — is no longer available,” the court wrote.
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.
“Because the government completed the shipment, any harm caused by the shipment cannot be ‘undone’ by granting the motion Nevada actually filed,” the ruling said.
Nevada Attorney General Aaron Ford said late Tuesday he’ll continue to press the state’s case in court but didn’t provide any immediate details of its next legal move.
“The Department of Energy’s deceitful behavior in handling these shipments demonstrates my office’s need to continue aggressively litigating to hold the Department of Energy to its promises,” Ford said in a statement.
“The health and safety of all Nevadans is of paramount importance to my office, and our dedicated team will continue to pursue all options for ensuring that no further unlawful plutonium shipments reach this state,” he said.
Among other options, Nevada could now request a hearing before the full 9th Circuit or seek a new court order to remove the plutonium that’s already been shipped.
The Energy Department didn’t respond to repeated requests for comment on Tuesday.
Nevada sued in federal court in Reno last November, accusing the agency of illegally deciding it could transport the material without completing a full environmental review of potential health and safety dangers.
Although Nevada wasn’t aware at the time, the government had already shipped a half metric ton of plutonium from South Carolina to the Nevada National Security Site, about 90 miles (145 kilometers) northwest of Las Vegas. That site is separate from but close to the Yucca Mountain site in the Mojave Desert where the Trump administration wants to build a high-level radioactive waste repository.
Nevada says the Trump administration abused “top secret” classifications to meet a court order to remove a ton of weapons-grade plutonium from the Savannah River site in South Carolina by Jan. 1, 2020.
While Nevada’s appeal was pending, Energy Secretary Rick Perry sent a letter to Sen. Catherine Cortez Masto, a Nevada Democrat, pledging to expedite removal of the plutonium already sent to Nevada — beginning in 2021 — and promising no more will be sent there.
He’s visited the site twice in recent months and provided a classified briefing to Gov. Steve Sisolak to try to allay the state’s concerns.
The radioactive material isn’t intended to be unpacked in Nevada, only temporarily stored before it is moved again, most likely to New Mexico or Texas for reprocessing for use in building nuclear weapons.
The Energy Department has said it expects to move the plutonium from Nevada to the Waste Isolation Pilot Plant in New Mexico “or another facility” by the “2026-2027 timeframe.”
Nevada’s lawyers argued that Energy Department couldn’t be trusted because of past misrepresentations about the covert shipment. The state said U.S. officials selectively declassified information as it suited their needs.
The Energy Department insists the plutonium was properly classified for security.
It disclosed the material was in Nevada on Jan. 30, the same day Judge Miranda Du in Reno denied a state request to temporarily halt all shipments. She also ruled that the matter was moot.
Nevada argued in its appeal to the 9th Circuit that the case wasn’t moot partly because the government had “voluntarily” ceased the shipments and could resume them at any time.
But the court ruled that “the alleged injury was no longer redressable.”
Pisanelli Bice was named in Vegas Inc.’s “Legal notes: Local award winners, Aug. 12, 2019”, highlighting a number of their top attorneys for locally won awards.
