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NATURAL RESOURCES DEFENSE v. U. S. NUCLEAR REG. COM'N

Nos. 77-1489, 78-1576 and 78-1698.

606 F.2d 1261 (1979)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Respondent. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al. v. Robert C. SEAMANS, Jr., et al., Appellants. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellants, v. Robert C. SEAMANS, Jr., etc.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1979.

Attorney(s) appearing for the Case

Ronald J. Wilson, Washington, D.C., with whom Barbara B. Graham, Washington, D. C., was on the brief, for petitioner/appellant Natural Resources Defense Council in Nos. 77-1489 & 78-1698 and appellee in No. 78-1576.

Jacques B. Gelin, Atty., Dept. of Justice, and Mark E. Chopko, Atty., Nuclear Regulatory Commission, Washington, D. C., a member of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom James W. Moorman, Asst. Atty. Gen., Dept. of Justice, Guy H. Cunningham, III, Acting Asst. Gen. Counsel, Department of Energy, Stephen F. Eilperin, Solicitor, Nuclear Regulatory Commission, William M. Cohen and Carl Strass, Attys., Dept. of Justice, Washington, D. C., were on the briefs, for respondent/appellees in Nos. 77-1489 and 78-1698 and cross-appellants in No. 78-1576.

Edmund B. Clark and Larry A. Boggs, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent in No. 77-1489. Sanford Sagalkin, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellants in No. 78-1576.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

This case concerns the construction of twenty-two tanks for the storage of high-level radioactive waste by the Energy Research and Development Administration (ERDA) at the Hanford Reservation in Richland, Washington, and the Savannah River Plant in Aiken, South Carolina. We decide whether the Nuclear Regulatory Commission (NRC or Commission) must license these tanks under section 202...

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