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NUCLEAR INFO. AND RES. SERVICE v. NUCLEAR REGULATORY COM'N

Nos. 06-1301, 06-1310.

509 F.3d 562 (2007)

NUCLEAR INFORMATION AND RESOURCE SERVICE and Public Citizen, Petitioners v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. Louisiana Energy Services, L.P., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2007.

Attorney(s) appearing for the Case

Lindsay A. Lovejoy, Jr., argued the cause and filed the briefs for petitioners.

Darani Reddick, Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With her on the brief were John A. Bryson, Attorney, U.S. Department of Justice, Karen D. Cyr, General Counsel, U.S. Nuclear Regulatory Commission, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, and Molly Barkman and Geraldine R. Fehst, Attorneys.

Michael F. McBride argued the cause for intervenor Louisiana Energy Services, L.P. in support of respondent. With him on the brief were David A. Repka and John W. Lawrence.

Before: GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

More than 100 nuclear reactors in the United States produce electricity to power American homes and businesses. Those reactors provide about 20 percent of the Nation's electricity.

In this case, the Nuclear Regulatory Commission granted a license for a new, privately owned facility in New Mexico to produce enriched uranium as fuel for nuclear reactors. Individuals who...

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