No. 82-524.

462 U.S. 87 (1983)


Supreme Court of United States.

Decided June 6, 1983

Attorney(s) appearing for the Case

David A. Strauss argued the cause for petitioners in all cases. With him on the briefs for petitioners in No. 82-545 were Solicitor General Lee, Assistant Attorney General Dinkins, Deputy Solicitor General Claiborne, John H. Garvey, Jacques B. Gelin, and E. Leo Slaggie. Henry V. Nickel, F. William Brownell, and George C. Freeman, Jr., filed briefs for petitioners in No. 82-524. James P. McGranery, Jr., and Michael I. Miller filed briefs for petitioners in No. 82-551. Raymond M. Momboisse, Sam Kazman, Ronald A. Zumbrun, and Robert K. Best filed a brief for respondent Pacific Legal Foundation in support of petitioners.

Timothy B. Atkeson argued the cause for respondents in all cases and filed a brief for respondent Natural Resources Defense Council, Inc. Robert Abrams, Attorney General, Ezra I. Bialik, Assistant Attorney General, and Peter H. Schiff filed a brief for respondent State of New York.

Briefs of amici curiae urging affirmance were filed for the State of Minnesota by Hubert H. Humphrey III, Attorney General, and Jocelyn Furtwangler Olson, Special Assistant Attorney General; for the State of Wisconsin et al. by Bronson C. La Follette, Attorney General of Wisconsin, and Carl A. Sinderbrand, Assistant Attorney General; Robert T. Stephan, Attorney General of Kansas, and Robert Vinson Eye, Assistant Attorney General; William J. Guste, Jr., Attorney General of Louisiana; Joseph I. Lieberman, Attorney General of Connecticut; John J. Easton, Jr., Attorney General of Vermont, and Merideth Wright, Assistant Attorney General; John Ashcroft, Attorney General of Missouri, and Robert Lindholm, Assistant Attorney General; William M. Leech, Jr., Attorney General of Tennessee; Mark V. Meierhenry, Attorney General of South Dakota; Paul G. Bardacke, Attorney General of New Mexico; Tany S. Hong, Attorney General of Hawaii; Chauncey H. Browning, Jr., Attorney General of West Virginia, and Leonard Knee, Deputy Attorney General; A. G. McClintock, Attorney General of Wyoming; Jim Mattox, Attorney General of Texas, and David Richards, Executive Assistant Attorney General; Janice E. Kerr and J. Calvin Simpson; for Kansans for Sensible Energy by John M. Simpson; and for Limerick Ecology Action, Inc., et al. by Charles W. Elliott.

JUSTICE O'CONNOR delivered the opinion of the Court.

Section 102(2)(C) of the National Environmental Policy Act of 1969, 83 Stat. 853, 42 U. S. C. § 4332(2)(C) (NEPA), requires federal agencies to consider the environmental impact of any major federal action.1 As part of its generic rulemaking proceedings to evaluate the environmental effects of the nuclear fuel cycle for nuclear powerplants...

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