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HUFFMAN v. WESTERN NUCLEAR, INC.

No. 87-645.

486 U.S. 663 (1988)

HUFFMAN ET AL. v. WESTERN NUCLEAR, INC., ET AL.

Supreme Court of United States.

Decided June 15, 1988

Attorney(s) appearing for the Case

Deputy Solicitor General Merrill argued the cause for petitioners. With him on the briefs were Solicitor General Fried, Acting Assistant Attorney General Spears, John Harrison, Leonard Schaitman, Richard A. Olderman, Eric J. Fygi, Marc Johnston, and Acting Solicitor General Wallace.

Peter J. Nickles argued the cause for respondents. With him on the brief were William H. Allen, Elliott Schulder, Alan A. Pemberton, Harley W. Shaver, and John H. Licht.*

JUSTICE BLACKMUN delivered the opinion of the Court.

Section 161(v) of the Atomic Energy Act of 1954, as amended, 78 Stat. 606, 42 U. S. C. § 2201(v), provides that the Department of Energy (DOE) shall restrict its enrichment of foreign-source uranium intended for use in domestic facilities "to the extent necessary to assure the maintenance of a viable domestic uranium industry." DOE has determined that the domestic uranium industry has not been "viable"

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