DELLUMS v. U.S. NUCLEAR REGULATORY COM'N

No. 87-1531.

863 F.2d 968 (1988)

Congressman Ronald V. DELLUMS, et al., Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Advanced Nuclear Fuels Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1988.


Attorney(s) appearing for the Case

Duane K. Thompson, with whom Stuart J. Land, Evan T. Bloom, Jonathan S. Berck, William L. Robinson and Eldon V.C. Greenberg, Washington, D.C., were on the brief, for petitioners.

John F. Daly, Atty., Dept. of Justice, and Rochelle M. Gunner, Atty., U.S. Nuclear Regulatory Com'n, with whom John R. Bolton, Asst. Atty. Gen., William H. Briggs, Jr., Sol., U.S. Nuclear Regulatory Com'n, E. Leo Slaggie, Deputy Sol., U.S. Nuclear Regulatory Com'n, and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the joint brief for respondents. Richard K. Willard, Asst. Atty. Gen.,* William Kanter, Atty., Dept. of Justice, and C. Sebastian Aloot, Atty., Nuclear Regulatory Com'n, Washington, D.C., also entered appearances for respondents.

Harry H. Voigt, Leonard M. Trosten, Mindy A. Buren and Paul H. Falon, Washington, D.C., were on the brief for intervenor Advanced Nuclear Fuels Corp.

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and MILTON POLLACK, Senior District Judge, United States District Court for the Southern District of New York.


Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Senior District Judge MILTON POLLACK.

Opinion dissenting as to standing filed by Circuit Judge RUTH BADER GINSBURG.

SILBERMAN, Circuit Judge:

This is a petition for review of two final orders of the United States Nuclear Regulatory Commission ("NRC" or "Commission") that grant and decline to revoke, respectively, licenses to import uranium hexafluoride from...

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