KERR-McGEE CHEMICAL CORP. v. U.S. NUCLEAR REGULATORY COM'N

Nos. 87-1254, 88-1636, 88-1726.

903 F.2d 1 (1990)

KERR-McGEE CHEMICAL CORPORATION, Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents, State of Illinois, Intervenor. PEOPLE OF the STATE OF ILLINOIS, Petitioner, v. USA & Nuclear Regulatory Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1990.


Attorney(s) appearing for the Case

Richard A. Meserve, with whom Peter J. Nickels and Sonya D. Winner, Washington, D.C., were on the brief, for petitioner Kerr-McGee Chemical Corp.

William D. Seith, with whom J. Jerome Sisul was on the brief, for People of the State of Ill., petitioner in No. 88-1726 and intervenor in Nos. 87-1254 and 88-1636. Roma J. Stewart and Russell R. Eggert, Chicago, Ill., also entered appearances for intervenor.

Steven F. Crockett, Attorney, Nuclear Regulatory Com'n ("NRC"), with whom Peter R. Steenland, Jr., Jacques B. Gelin, and Angus E. Crane, Attorneys, Dept. of Justice, Washington, D.C., and William C. Parler, General Counsel, Baltimore, Md., and E. Leo Slaggie, Acting Sol., NRC, Washington, D.C., were on the brief, for respondents. William H. Briggs, Jr., E. Leo Dashher, and Martin G. Malsch, Attorneys, NRC, and Vicki Plant and Dirk D. Snell, Attorneys, Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Before MIKVA, BUCKLEY, and D.H. GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The Kerr-McGee Chemical Corporation ("Kerr McGee") petitions for review of a decision of the Nuclear Regulatory Commission ("NRC" or "Commission") approving an agreement transferring jurisdiction to the State of Illinois over certain radioactive materials located within that state. Kerr-McGee also petitions for review of a subsequent proceeding...

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