Texas Attorney General Ken Paxton on Wednesday sued energy secretary and two-term Texas Gov. Rick Perry for not moving ahead with the Yucca Mountain waste repository site in Nevada, one day before the White House issued its budget blueprint suggesting the president wants to restore funding for the project.

The lawsuit, filed in the 5th Circuit Court of Appeals, seeks to force an up-or-down vote on the project to avoid input from Nevada on permit approval for the site.