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ENVIROCARE OF UTAH, INC. v. NUCLEAR REG. COM'N

Nos. 98-1426 & 98-1592.

194 F.3d 72 (1999)

ENVIROCARE OF UTAH, INC., Petitioner, v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. Quivira Mining Company and International Uranium (USA) Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 22, 1999.

Attorney(s) appearing for the Case

Richard L. Cys argued the cause for petitioner. With him on the briefs was Lynda L. Brothers.

E. Leo Slaggie, Deputy Solicitor, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were Lois J. Schiffer, Assistant Attorney General, U.S. Department of Justice, Robert H. Oakley, Attorney, Karen D. Cyr, General Counsel, U.S. Nuclear Regulatory Commission, and John F. Cordes, Jr., Solicitor. Grace H. Kim, Attorney, entered an appearance.

Anthony J. Thompson, Frederick S. Phillips, David C. Lashway, Mark J. Wetterhahn, and Robert M. Rader were on the brief for intervenors.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Federal agencies may, and sometimes do, permit persons to intervene in administrative proceedings even though these persons would not have standing to challenge the agency's final action in federal court. Agencies, of course, are not constrained by Article III of the Constitution; nor are they governed by judicially-created standing doctrines restricting access to the federal courts...

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