CRITICAL MASS ENERGY PROJECT v. NRC

No. 90-5120.

975 F.2d 871 (1992)

CRITICAL MASS ENERGY PROJECT, Appellant, v. NUCLEAR REGULATORY COMMISSION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1992.


Attorney(s) appearing for the Case

Paul R.Q. Wolfson, Coral Gables, Fla., with whom David C. Vladeck, Alan B. Morrison, and Eric R. Glitzenstein, Washington, D.C., were on the brief, for appellant.

Peter R. Maier, Atty., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Leonard Schaitman, Atty., U.S. Dept. of Justice, and John F. Cordes, Sol., Nuclear Regulatory Com'n, Washington, D.C., were on the brief, for federal appellee. Carolyn F. Evans, Atty., Nuclear Regulatory Com'n, Washington, D.C., also entered an appearance for federal appellee.

James D. Miller, with whom Deborah J. Andrews, Washington, D.C., was on the brief, for appellee Institute of Nuclear Power Operations.

Janet L. McDavid, Washington, D.C., was on the brief for amicus curiae Business Roundtable, urging affirmance.

Before MIKVA, Chief Judge, and WALD, EDWARDS, RUTH BADER GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON, and RANDOLPH, Circuit Judges.


Argued En Banc January 29, 1992.

Opinion for the court en banc filed by Circuit Judge BUCKLEY, in which Circuit Judges SILBERMAN, WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON, and RANDOLPH join.

Concurring opinion filed by Circuit Judge RANDOLPH, in which Circuit Judges SILBERMAN and SENTELLE join.

Dissenting opinion filed by Circuit Judge RUTH BADER GINSBURG, in which Chief Judge MIKVA and Circuit Judges WALD and HARRY T. EDWARDS join.

BUCKLEY...

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