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SAN LUIS OBISPO MOTHERS FOR PEACE v. U.S. NRC

No. 86-7297.

804 F.2d 523 (1986)

SAN LUIS OBISPO MOTHERS FOR PEACE v. U.S. NUCLEAR REGULATORY COMM., et al.

United States Court of Appeals, Ninth Circuit.

September 30, 1986.

WIGGINS, Circuit Judge, dissenting:

Presuming it has a better grasp of nuclear engineering than the NRC, the majority, 799 F.2d 1268 (9th Cir.1986), substitutes its judgment in this narrow technical area committed by Congress to the NRC's discretion.

When reviewing the Commission's order, this court is bound by the strictures of the Administrative Procedure Act (APA) that a reviewing court shall not set aside agency actions...

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