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ENVIRON. LAW & POLICY CENTER v. U.S. NUCLEAR REG.

No. 06-1442.

470 F.3d 676 (2006)

ENVIRONMENTAL LAW AND POLICY CENTER, Blue Ridge Environmental Defense League, Nuclear Energy Information Service, Nuclear Information and Resource Service, and Public Citizen, Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and The United States of America, Respondents, and Exelon Generation Company, LLC, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 2006.

As Amended December 21, 2006.

Attorney(s) appearing for the Case

Howard A. Learner (argued), Environmental Law & Policy Center, Chicago, IL, for Petitioners.

Jared K. Heck (argued), Washington, DC, Thomas P. Walsh, Office of the United States Attorney, Chicago, IL, for Respondents.

Steven P. Frantz (argued), Morgan, Lewis & Bockius, Washington, D.C., Thomas S. O'Neill, Exelon Nuclear Associate General Counsel, Warrenville, IL, for Intervenor-Respondent.

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

In January 2004, the Environmental Law and Policy Center, Blue Ridge Environmental Defense League, Nuclear Energy Information Service, Nuclear Information and Resource Service, and Public Citizen (collectively "the Environmental Groups") intervened in Nuclear Regulatory Commission ("NRC") proceedings regarding an Early Site Permit ("ESP") for new nuclear power facilities in Clinton, Illinois. The Environmental Groups contended, among other things...

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