UNION OF CONCERNED SCIENTISTS v. U.S. NRC

Nos. 85-1757, 86-1219.

824 F.2d 108 (1987)

UNION OF CONCERNED SCIENTISTS, et al., Petitioners v. U.S. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents Nuclear Utility Backfitting and Reform Group, Intervenor (Two Cases).

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1987.


Attorney(s) appearing for the Case

Ellyn R. Weiss, with whom Diane Curran and Andrea C. Ferster, Washington, D.C., were on the brief, for petitioners.

Martin G. Malsch, Associate General Counsel for Licensing and Regulation, Nuclear Regulatory Commission, with whom William C. Parler, General Counsel, William H. Briggs, Jr., Sol., E. Leo Slaggie, Deputy Sol., Steven F. Crockett, Atty., Nuclear Regulatory Com'n, Peter R. Steenland, Jr., Chief, Appellate Section, and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondent. Robert L. Klarquist, Sarah P. Robinson, and David C. Shelton, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent.

Nicholas S. Reynolds, with whom Joseph B. Knotts, Jr. and Sanford L. Hartman, Washington, D.C., were on the brief, for intervenor.

Barton Z. Cowan, Pittsburgh, Pa., was on the brief, for amicus curiae Atomic Indus. Forum, Inc., urging the denial of the petition for review.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

Concurring opinion filed by Circuit Judge WILLIAMS.

MIKVA, Circuit Judge:

This case involves recurring questions: whether and to what extent a regulatory agency may consider factors such as economic costs in carrying out "health-based" statutory provisions. Specifically, the instant petition requires us to determine the extent of the Nuclear Regulatory Commission's (NRC or Commission) authority to...

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