PUBLIC CITIZEN, INC. v. U.S. NRC

No. 90-1432.

940 F.2d 679 (1991)

PUBLIC CITIZEN, INC., et al., Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, City of Tucson, Arizona, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1991.


Attorney(s) appearing for the Case

Patti A. Goldman, with whom Alan B. Morrison, Timothy J. Harrison and Dan W. Reicher, were on the joint brief, for petitioners and intervenor, City of Tucson, Ariz.

Marjorie S. Nordlinger, Atty. Nuclear Regulatory Com'n, with whom William C. Parler, Gen. Counsel, John F. Cordes, Jr., Sol., E. Leo Slaggie, Sp. Counsel, Nuclear Regulatory Com'n, Richard B. Stewart, Asst. Atty. Gen., and Ellen J. Durkee, Atty. Dept. of Justice, were on the brief, Washington, D.C., for respondents. Martin W. Matzen, Atty. Dept. of Justice, also entered an appearance, Washington, D.C., for respondents.

Robert Abrams and E. Gail Suchman, for the State of N.Y., Theodora Berger, Los Angeles, Cal., Craig C. Thompson, Sacramento, Cal., and Susan L. Durbin, Los Angeles, Cal., for the State of Cal., Joseph Rubin, Hartford, Conn., for the State of Conn., Jon Glogau, Hollywood, Fla., for the State of Fla., and Gini Nelson, Santa Fe, N.M., for the State of N.M. were on the joint brief for amici curiae urging that this Court declare that the Policy Statement does not preempt state legislating materials and practices designated BRC by the federal government.

Before BUCKLEY, WILLIAMS and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Last summer the Nuclear Regulatory Commission published a document it styled a "policy statement" endorsing regulatory exemptions for practices that expose the public to radiation in such minute amounts as to be "below regulatory concern". Below Regulatory Concern; Policy Statement, 55 Fed.Reg. 27,522 (1990) ("BRC Policy Statement"). The petitioners...

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