Fresh off defeat in a related federal appeal, Nevada's attorney general says he intends to ask a U.S. judge in Reno to order the Trump administration to remove the weapons-grade plutonium it secretly shipped last year to a site near Las Vegas.

Aaron Ford says in new filings in U.S. District Court that he'll continue to fight to protect Nevada's citizens and environment from the "ongoing harm" caused by the Energy Department's clandestine shipment from South Carolina.

A three-judge panel of the 9th Circuit Court of Appeals dismissed the state's appeal on Tuesday challenging a judge's earlier refusal to ban new shipments of the radioactive material to Nevada.

The appellate court said it's a moot point because the material already is in Nevada and Energy Secretary Rick Perry has promised no more will be sent.

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."

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.

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.

(Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)