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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. REILLY

No. 91-1294.

976 F.2d 36 (1992)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. William K. REILLY, Administrator, Environmental Protection Agency and Environmental Protection Agency, Respondents, Nuclear Management and Resources Council, Inc., American Mining Congress, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 25, 1992.

Attorney(s) appearing for the Case

Graeme W. Bush, with whom Julia L. Porter and David D. Doniger, Washington, D.C., were on the brief, for petitioner.

Alice L. Mattice, Atty., U.S. Dept. of Justice, with whom Barry M. Hartman, Acting Deputy Asst. Atty. Gen., and Timothy D. Backstrom, Counsel, Environmental Protection Agency ("EPA"), Washington, D.C., were on the brief, for respondents. David W. Zugschwerdt, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.

Anthony J. Thompson (for American Min. Congress), Jay E. Silberg, Mindy A. Buren, Margaret S. Spencer, and Robert W. Bishop (for Nuclear Management and Resources Council, Inc.), Washington, D.C., were on the joint brief for intervenors.

Before SILBERMAN, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Concurring opinion filed by Circuit Judge SILBERMAN.

BUCKLEY, Circuit Judge:

For well over a decade, the Environmental Protection Agency has grappled with the question of whether to regulate the emission into the air of radioactive particles from facilities licensed by the Nuclear Regulatory Commission. Although the Clean Air Act established stringent deadlines...

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