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NATURAL RESOURCES, ETC. v. U. S. NUCLEAR REG. COM'N

Nos. 80-1863, 80-1864.

680 F.2d 810 (1982)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, and the United States of America, Respondents (Two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1982.

As Amended June 11, 1982.

Attorney(s) appearing for the Case

Ellyn R. Weiss, Washington, D. C., with whom Lee L. Bishop, S. Jacob Scherr, and William S. Jordan, III, Washington, D. C., were on the brief, for petitioner in Nos. 80-1863 and 80-1864.

Marjorie S. Nordlinger, Atty., Harvey J. Shulman, Acting Sol., U. S. Nuclear Regulatory Com'n, Washington, D. C., with whom Maria A. Iizuka and Peter R. Steenland, Jr., Attys., Dept. of Justice and James A. Fitzgerald, U. S. Nuclear Regulatory Com'n, Washington, D. C., were on the brief, for respondents in Nos. 80-1863 and 80-1864.

James W. Moorman and Dirk D. Snel, Washington, D. C., also entered appearances for respondents.

Before WALD, EDWARDS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitions for review in this case arise out of an adjudicatory proceeding before the Nuclear Regulatory Commission ("NRC" or "Commission") concerning proposed amendments to the license of Nuclear Fuel Services, Inc., a facility in Erwin, Tennessee ("NFS-Erwin") that produces a special nuclear fuel used by the Navy. Petitioner Natural Resources Defense Council, Inc. ...

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