NAT. RES. DEF. COUNCIL v. U. S. NUCLEAR REG. COM'N

Nos. 74-1385, 74-1586.

547 F.2d 633 (1976)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Vermont Yankee Nuclear Power Corporation, Intervenor. NATURAL RESOURCES DEFENSE COUNCIL, INC., and Consolidated National Intervenors, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Baltimore Gas and Electric Co. et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1976.

As Amended October 8, 1976.

Certiorari Granted February 22, 1977.


Attorney(s) appearing for the Case

George W. Mayo, Jr., Washington, D. C., with whom Robert M. Jeffers, David J. Hensler, Patrick M. Raher, Richard E. Ayres and Anthony Z. Roisman, Washington, D. C., were on the brief for petitioners in No. 74-1385.

David Hensler and Patrick M. Raher, Washington, D. C., with whom Robert M. Jeffers, George W. Mayo, Jr., Richard E. Ayres and Anthony Z. Roisman, Washington, D. C., were on the brief for petitioners in No. 74-1586.

James A. Glasgow, Atty., U. S. Nuclear Regulatory Commission, Washington, D. C., with whom Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, John J. Zimmerman, Attys., Dept. of Justice, Raymond M. Zimmet, Acting Sol., U. S. Nuclear Regulatory Commission, Washington, D. C., were on the brief for respondents. Marcus A. Rowden, Jerome Nelson, Joseph DiStefano, Washington, D. C., and Guy H. Cunningham, III, Attys., U. S. Nuclear Regulatory Commission and George R. Hyde and Edward J. Shawaker, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.

George C. Freeman, Jr., Richmond, Va., with whom W. Taylor Reveley, III, David S. Brollier and F. Case Whitlemore, Richmond, Va., were on the brief for intervenor, Baltimore Gas and Electric Co. in No. 74-1586.

Thomas G. Dignan, Jr., Boston, Mass., for intervenor, Vermont Yankee Nuclear Power Corp. in No. 74-1385.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, and John F. Shea, III, Asst. Atty. Gen., New York City, of the State of New York, filed a brief on behalf of the State of New York as amicus curiae, urging reversal.

Arvin E. Upton, Washington, D. C., Harry H. Voight, New York City, and Eugene R. Fidell, Washington, D. C., filed a brief on behalf of Commonwealth Edison Co., Consolidated Edison Co. of New York, Inc., Niagara Mohawk Power Corp., Omaha Public Power District Powers Authority of the State of New York and Rochester Gas and Electric Corp., as amicus curiae urging affirmance.

Before BAZELON, Chief Judge, EDWARDS, Circuit Judge for the Sixth Circuit, and TAMM, Circuit Judge.


Certiorari Granted February 22, 1977. See 97 S.Ct. 1098.

Opinion for the Court filed by Chief Judge BAZELON.

Separate statement of Chief Judge BAZELON.

Separate statement filed by Circuit Judge TAMM, concurring in the result.

BAZELON, Chief Judge:

The problems posed in both these cases relate to the manner and extent to which information concerning the environmental effects of radioactive wastes...

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