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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. WATKINS

No. 91-2655.

954 F.2d 974 (1992)

NATURAL RESOURCES DEFENSE COUNCIL, INCORPORATED; Energy Research Foundation, Plaintiffs-Appellants, v. James WATKINS, Secretary of the Department of Energy; United States Department of Energy, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 1992.

Attorney(s) appearing for the Case

James Frank Simon, Natural Resources Defense Council, Inc., New York City, argued, for plaintiffs-appellants (Dan W. Reicher, Nancy S. Marks, Katherine Kennedy, Natural Resources Defense Council, Inc., New York City, on brief, for plaintiff-appellant NRDC) and (James S. Chandler, Jr., South Carolina Environmental Law Project, Pawleys Island, S.C., on brief, for plaintiff-appellant Energy Research Foundation).

Ronald Mark Spritzer, Environment & Natural Resources Division, U.S. Dept. of Justice, Washington, D.C., argued (Barry M. Hartman, Acting Asst. Atty. Gen., Scott A. Schachter, Environment & Natural Resources Div., U.S. Dept. of Justice; Robin Henderson, Office of Gen. Counsel, U.S. Dept. of Energy, Washington, D.C.; and Nicks Williams, Office of Chief Counsel, U.S. Dept. of Energy, Aiken, S.C., on brief), for defendants-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and SPROUSE, Circuit Judges.

OPINION

ERVIN, Chief Judge:

The Natural Resources Defense Council, Inc. and the Energy Research Foundation request an injunction and summary declaratory relief to block the Department of Energy's proposed reopening of a nuclear reactor at the Savannah River Site in South Carolina on the grounds that the operation of the reactor would be in violation of the Clean Water Act. The district court entered summary judgment against the plaintiffs on the issue of...

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