NATURAL RESOURCES DEFENSE v. U. S. NUCLEAR, ETC.

No. 76-1525.

580 F.2d 698 (1978)

NATURAL RESOURCES DEFENSE COUNCIL, INC. and Union of Concerned Scientists, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Department of State, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 1978.


Attorney(s) appearing for the Case

Eldon V. C. Greenberg, Washington, D. C., with whom Richard A. Frank, Thomas B. Stoel, Jr., and J. Gustave Speth, Washington, D. C., were on the brief, for petitioners.

Carlton R. Stoiber, Asst. Gen. Counsel, U. S. Nuclear Regulatory Commission, Washington, D. C., of the bar of the Supreme Court of Colorado, pro hac vice by special leave of court, with whom Peter L. Strauss, Gen. Counsel and Stephen F. Eilperin, Asst. Gen. Counsel, U. S. Nuclear Regulatory Commission, Washington, D. C., were on the brief, for respondent, United States Nuclear Regulatory Commission.

Peter R. Taft, Asst. Atty. Gen., and Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America.

Thomas S. Martin, Sp. Asst. to the Asst. Atty. Gen., Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Irwin Goldbloom, Deputy Asst. Atty. Gen. and Sandra Schraibman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for intervenor.

Before BAZELON, LEVENTHAL and MacKINNON, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

Petitioners challenge a ruling of the Nuclear Regulatory Commission ("NRC"), which (1) denied petitioners' request for intervention in a nuclear export license proceeding for lack of an interest affected by the proceeding sufficient to afford standing, and (2) concluded that even if petitioners were entitled to intervene, they were not entitled to an adjudicatory hearing. Edlow International Co., 3 N.R.C. 563 (1976)....

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