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AMERICAN MIN. CONGRESS v. U.S. NRC

Nos. 88-1040, 88-1041.

902 F.2d 781 (1990)

AMERICAN MINING CONGRESS, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents. QUIVIRA MINING COMPANY, Kerr-McGee Chemical Corporation, and Homestake Mining Company of California, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Tenth Circuit.

April 25, 1990.

Attorney(s) appearing for the Case

Richard A. Meserve of Covington & Burling (Peter J. Nickles and Sonya D. Winner of Covington & Burling, Washington, D.C., and Michael Yesley of Stephenson, Carpenter, Crout & Olmsted, Santa Fe, N.M., with him on the brief), for petitioners.

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

Before SEYMOUR and McWILLIAMS, Circuit Judges, and PHILLIPS, District Judge.

McWILLIAMS, Circuit Judge.

Pursuant to 42 U.S.C. § 2239(b) and 28 U.S.C. § 2342(4), the American Mining Congress (No. 88-1040) and Quivira Mining Company, Kerr-McGee Chemical Corporation and Homestake Mining Company of California (No. 88-1041) seek judicial review of certain amendments to the Nuclear Regulatory Commission's "Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Waste Produced by the Extraction or Concentration...

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