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ENVIRONMENTAL DEFENSE FUND v. U.S. N.R.C.

No. 86-1235.

866 F.2d 1263 (1989)

ENVIRONMENTAL DEFENSE FUND, Southwest Research & Information Center, and Sierra Club, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and United States of America, Respondents.

United States Court of Appeals, Tenth Circuit.

January 27, 1989.

Attorney(s) appearing for the Case

Melinda Kassen, Staff Atty. (Robert E. Yuhnke, Senior Staff Atty., with her on the briefs), Environmental Defense Fund, Boulder, Colorado, for petitioners.

E. Neil Jensen (William H. Briggs, Jr., Sol., and E. Leo Slaggie, Deputy Sol., with him on the brief), U.S. Nuclear Regulatory Commission, Washington, D.C., for respondents.

Before LOGAN, McWILLIAMS and TACHA, Circuit Judges.

LOGAN, Circuit Judge.

Petitioners Environmental Defense Fund, Southwest Research & Information Center, and Sierra Club challenge the United States Nuclear Regulatory Commission's (NRC's) final order establishing criteria regulating mill tailings at licensed commercial uranium and thorium processing sites (active mill sites). See 50 Fed.Reg. 41,852 (1985) (codified at 10 C.F.R. pt. 40, app. A). The NRC established these criteria pursuant to Title II of the...

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