NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner,
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and UNITED STATES of America, Respondents, Power Authority of the State of New York, et al., American Electric Power Company, et al., Boston Edison Company, et al., Pennsylvania Power & Light Company, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 15, 1978.
Decided July 5, 1978.
Attorney(s) appearing for the Case
Ross Sandler, New York City, John Roger Beers, Helene M. Linker, Palo Alto, Cal., for petitioner.
Peter R. Steenland, Jr., Chief, Appellate Section, Land and Natural Resources Division, U.S. Dept. of Justice, Washington, D.C. (Jerome Nelson, Gen. Counsel, Stephen F. Eilperin, Sol., U.S. Nuclear Regulatory Commission, Washington, D.C.), for respondents.
LeBoeuf, Lamb, Leiby & MacRae, Washington, D.C. (Harry H. Voigt, James P. McGranery, Jr., Patrick K. O'Hare, Washington, D. C., Michael I. Miller, John W. Rowe, Isham, Lincoln & Beale, Chicago, Ill., of counsel), for intervenors Power Authority of the State of New York, et al.
Wm. Bradford Reynolds, Robert E. Zahler, Washington, D.C. (Shaw, Pittman, Potts & Trowbridge, Washington, D.C., of counsel), for intervenors American Electric Power Co., et al.
George C. Freeman, Jr., Donald P. Irwin, Richmond, Va. (Hunton & Williams, Richmond, Va., of counsel), for intervenors Boston Edison Co., et al.
Edward M. Nagel, Allentown, Pa., for intervenor Pennsylvania Power & Light Co.
Leonard J. Theberge, Washington, D.C. (Myrna P. Field, Mid-Atlantic Legal Foundation, Philadelphia, Pa., L. Manning Muntzing, Raul Robert Tapia, Doub, Purcell, Muntzing & Hansen, Washington, D.C., of counsel), for amicus curiae Mid-Atlantic Legal Foundation.
Kathryn Burkett Dickson, California Energy Resources Conservation and Development Commission, Herbert H. Brown and Lawrence C. Lanpher, Washington, D.C. (Hill, Christopher & Phillips, Washington, D.C., of counsel), for amicus curiae California Energy Resources Conservation and Development Commission.
Before MULLIGAN and GEWIN, and MILLER,
United States Court of Appeals, Second Circuit.
MILLER, Judge:
The Natural Resources Defense Council, Inc. ("NRDC") petitions for review of the June 27, 1977, decision of the Nuclear Regulatory Commission ("NRC") denying NRDC's petition for (1) a rulemaking proceeding1 to determine whether high-level radioactive wastes generated in nuclear power reactors can be permanently disposed of without undue risk to the public health and safety, and (2) withholding of action on pending...
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