Frank J. KELLEY, Attorney General of the State of Michigan; Herbert P. Read; Norman W. Perman; Susan Kimmelman; the Lake Michigan Federation; and Don't Waste Michigan, Petitioners-Appellants,
v.
Ivan SELIN; James R. Curtiss; E. Gail De Planque; Forrest J. Remick; Kenneth C. Rogers; United States Nuclear Regulatory Commission; and United States of America, Respondents-Appellees,
Consumers Power Company, Intervenor-Respondent.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 11, 1994.
Decided January 11, 1995.
Attorney(s) appearing for the Case
Robert L. Graham (briefed), Jenner & Block, Chicago, IL, Frank J. Kelley (argued), Office of Atty. Gen., Appellate Div., John C. Scherbarth, Asst. Atty. Gen. (briefed), Natural Resources Div., Lansing, MI, for Frank J. Kelley.
Joel T. Pelz, Robert L. Graham, Jenner & Block, Chicago, IL, for Herbert P. Read, Norman W. Perman, Susan Kimmelman, Lake Michigan Federation.
J. Carol Williams, Albert M. Ferlo, Jr. (briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, DC, for Ivan Selin, James R. Curtiss, E. Gail De Planque, Forrest J. Remick, Kenneth Rogers.
Peter G. Crane (argued & briefed), U.S. Nuclear Regulatory Com'n, Washington, DC, for U.S. Nuclear Regulatory Com'n.
Michael A. Bauser (briefed), Newman & Holtzinger, Washington, DC, for all amici curiae.
Michael A. Carvin (argued), Shaw, Pittman, Potts & Trowbridge, Washington, DC, for Consumers Power Co.
Robert L. Graham (briefed), Jenner & Block, Chicago, IL, Frank J. Kelley (argued), Office of Atty. Gen., Appellate Div., Kelly G. Keenan, Asst. Atty. Gen., Michigan Dept. of Atty. Gen., Environmental Protection Div., John C. Scherbarth, Asst. Atty. Gen. (briefed), Natural Resources Div., Lansing, MI, for Frank J. Kelley in No. 93-3749.
Eric Glitzenstein (briefed), Meyer & Glitzenstein, Washington, DC, for Don't Waste Michigan.
J. Carol Williams, Albert M. Ferlo, Jr. (briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Janet Reno, U.S. Atty. Gen., Washington, DC, for U.S.
Before: MILBURN, BOGGS, and NORRIS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
MILBURN, Circuit Judge.
This appeal involves four separate actions, consolidated for appeal. The actions docketed as Nos. 93-3613 and 93-3749 seek review of a Nuclear Regulatory Commission ("NRC") order approving use of a VSC-24 concrete cask for storage of spent nuclear fuels. The action docketed as No. 93-1646 is before this court from a transfer directed by the district court after it found that this court has proper subject matter jurisdiction. The remaining action...
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