GAGE v. UNITED STATES ATOMIC ENERGY COMMISSION

No. 72-1459.

479 F.2d 1214 (1973)

Laurence GAGE et al., Petitioners, v. UNITED STATES ATOMIC ENERGY COMMISSION and United States of America Commonwealth Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1973.


Attorney(s) appearing for the Case

Joseph Karaganis, Washington, D. C., with whom Wallace Duncan, Washington, D. C., was on the brief, for petitioners.

Jerome Nelson, Sol. A. E. C., with whom Kent Frizzell, Asst. Atty. Gen., Martin R. Hoffmann, Gen. Counsel, Harvey S. Price, Atty., A. E. C., Edmund B. Clark and Peter R. Steenland, Attys. Dept. of Justice, were on the brief, for respondent.

Marx Leva, Washington, D. C., with whom Craig Matthews, Richard Shlakman and Lois Schiffer, Washington, D. C., were on the brief, for intervenor.

William H. Cuddy, Hartford, Conn., filed a brief on behalf of American Electric Power Co. Inc., and others, as amici curiae.

Before TAMM and WILKEY, Circuit Judges, and JAMESON, Senior United States District Judge for the District of Montana.


WILKEY, Circuit Judge:

This case arises on petition to review an order of the Atomic Energy Commission. The challenged order promulgated rules1 designed to implement the National Environmental Policy Act (NEPA),2 the policies of which are required to be reflected in agency regulations to the fullest extent possible.3 As amended by the...

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