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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)

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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