WISCONSIN ELEC. POWER CO. v. DEPT. OF ENERGY

Nos. 83-2066, 84-5671.

778 F.2d 1 (1985)

WISCONSIN ELECTRIC POWER COMPANY, et al., Petitioners, v. DEPARTMENT OF ENERGY and United States of America, Respondents. WISCONSIN ELECTRIC POWER COMPANY, et al., Appellants, v. Donald P. HODEL, Secretary, Department of Energy.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1985.


Attorney(s) appearing for the Case

Jay E. Silberg, Washington, D.C., for petitioners/appellants.

William G. Cole, Atty. Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., and Robert S. Greenspan, Atty., Dept. of Justice, Washington, D.C., were on brief for respondents/appellees. Dennis G. Linder, Thomas Millet, and Bruce G. Forrest, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents/appellees.

Before ROBINSON, Chief Judge, and BORK and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge.

In 1982, Congress adopted a comprehensive statutory response to problems spawned by nuclear wastes generated by nuclear power plants in the production of electricity. These consolidated cases raise a single issue of statutory interpretation under that statute, the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101 et seq. (1982...

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