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NUCLEAR ENERGY INSTITUTE, INC. v. E.P.A.

Nos. 01-1258, 01-1268, 01-1295, 01-1425, 01-1426, 01-1516, 02-1036, 02-1077, 02-1116, 02-1179, 02-1196, 03-1009, 03-1058.

373 F.3d 1251 (2004)

NUCLEAR ENERGY INSTITUTE, INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 2004.

Rehearing and Rehearing Denied September 1, 2004.

Attorney(s) appearing for the Case

Antonio Rossmann, Geoffrey Fettus, Martin G. Malsch, Charles J. Cooper, and Joseph R. Egan argued the causes for petitioners State of Nevada and Natural Resources Defense Council, et al. With them on the briefs were Roger B. Moore, Charles J. Fitzpatrick, Howard K. Shapar, Brian Sandoval, Attorney General, Attorney General's Office of the State of Nevada, Marta A. Adams, Senior Deputy Attorney General, Robert J. Cynkar, Brian S. Koukoutchos, Vincent J. Colatriano, and William H. Briggs Jr.

John C. Martin argued the cause for petitioner Nuclear Energy Institute, Inc. With him on the briefs were Jean V. MacHarg, Susan M. Mathiascheck, Robert W. Bishop, and Michael A. Bauser.

Christopher S. Vaden, Michele L. Walter, and Ronald M. Spritzer, Attorneys, U.S. Department of Justice, and Steven F. Crockett, Special Counsel, U.S. Nuclear Regulatory Commission, argued the causes for respondents. With them on the briefs were Jeffrey B. Clark, Deputy Assistant Attorney General, U.S. Department of Justice, G. Scott Williams, John A. Bryson, and Greer S. Goldman, Attorneys, Karen D. Cyr, General Counsel, U.S. Nuclear Regulatory Commission, John F. Cordes Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, and Marc Johnson, Deputy General Counsel, U.S. Department of Energy. John C. Cruden, Assistant Attorney General, U.S. Department of Justice, and Elizabeth A. Peterson, Attorney, entered an appearance.

Michael A. Bauser argued the cause for intervenor Nuclear Energy Institute, Inc. With him on the briefs of intervenor/amicus Nuclear Energy Institute, Inc. and amicus National Association of Regulatory Utility Commissioners were Robert W. Bishop, James Bradford Ramsay, and Sharla M. Barklind.

Before: EDWARDS, HENDERSON, and TATEL, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 1, 2004.*

PER CURIAM:

Opinion for the Court filed Per Curiam.**

                                TABLE OF CONTENTS

  I.  Background ................................................................1258

 II.  The EPA Cases .............................................................1262
      A.  The EPA Rule: 40 C.F.R. part...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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