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PUBLIC CITIZEN v. NUCLEAR REGULATORY COM'N

No. 87-1050.

845 F.2d 1105 (1988)

PUBLIC CITIZEN, et al., Petitioners, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, Nuclear Utility Management and Resources Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1988.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Washington, D.C. with whom, David C. Vladeck and Alan B. Morrison, Washington, D.C. were on the brief for petitioners.

Karla D. Smith, Atty., Nuclear Regulatory Com'n, with whom, Peter R. Steenland, Jr., Chief, Appellate Section, U.S. Dept. of Justice, William C. Parker, Gen. Counsel, Nuclear Regulatory Com'n, William H. Briggs, Jr., Sol., Nuclear Regulatory Com'n, E. Leo Slaggie, Deputy Sol., Nuclear Regulatory Com'n and Alice Thurston, Attorney, U.S. Dept. of Justice, were on the brief for respondents.

Milton Eisenberg, with whom, Marcus A. Rowden, was on the brief for intervenor, Nuclear Utility Management and Resources Committee. John T. Boese, Washington, D.C. also entered an appearance for intervenor, Nuclear Utility Management and Resources Committee.

Before MIKVA and WILLIAMS, Circuit Judges, and GORDON, District Judge.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

In this action Public Citizen and five other public interest organizations challenge the Nuclear Regulatory Commission's implementation of § 306 of the Nuclear Waste Policy Act of 1982 ("Waste Act"), 42 U.S.C. § 10226 (1982). Petitioners contend that § 306 requires the Commission to promulgate binding regulations for the training and qualifications of nuclear power...

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