QUIVIRA MINING COMPANY, Kerr-McGee Chemical Corporation, Homestake Mining Company of California, and United Nuclear Corporation, Petitioners,
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents,
New Mexico Environmental Improvement Division, Intervenor.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 27, 1989.
January 27, 1989.
Attorney(s) appearing for the Case
Richard A. Meserve, Covington & Burling, Washington, D.C. (Peter J. Nickles and Sonya D. Winner, also of Covington & Burling, and G. Stanley Crout, Sunny J. Nixon and Michael S. Yesley of Stephenson, Carpenter, Crout & Olmsted, Santa Fe, N.M., with him, on the briefs), for petitioners Quivira Mining Co., Kerr-McGee Chemical Corp., United Nuclear Corp. and Homestake Mining Co. of California.
E. Neil Jensen, Atty., U.S. Nuclear Com'n, Washington, D.C. (William C. Parler, Gen. Counsel, William H. Briggs, Jr., Sol., and E. Leo Slaggie, Deputy Sol., U.S. Nuclear Regulatory Com'n, Washington, D.C., Peter R. Steenland, Jr., Chief, Appellate Section and J. Carol Williams, Atty., Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., with him, on the briefs), for respondents U.S. Nuclear Regulatory Com'n and U.S. of America.
Before LOGAN, McWILLIAMS, and TACHA, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
This case constitutes another chapter in the litigious saga of the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), Pub.L. No. 95-604, 92 Stat. 3021 (codified as amended in scattered sections of 42 U.S.C.).1 Here, industry petitioners Quivira Mining Company, Kerr-McGee Chemical Corporation, Homestake Mining Company of California and United Nuclear Corporation...
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