NRDC v. U.S. NUCLEAR REGULATORY COM'N

No. 16-1298.

879 F.3d 1202 (2018)

NATURAL RESOURCES DEFENSE COUNCIL and Powder River Basin Resource Council, Petitioners v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. Strata Energy, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2018.


Attorney(s) appearing for the Case

Shannon Anderson , Sheridan, WY, argued the cause for petitioners. On the brief were Howard M. Crystal and Geoffrey H. Fettus , Washington, DC.

Eric V. Michel , Attorney, Rockville, MD, U.S. Nuclear Regulatory Commission, argued the cause for federal respondents. With him on the brief were John C. Cruden , Assistant Attorney General at the time the brief was filed, U.S. Department of Justice, Lane N. McFadden , Attorney, Washington, DC, and Andrew P. Averbach , Solicitor, U.S. Nuclear Regulatory Commission.

Christopher S. Pugsley , Arlington, VA, argued the cause for intervenor-respondent. With him on the brief was Anthony J. Thompson , Washington, DC.

David A. Repka , Washington, DC, Tyson R. Smith , San Francisco, CA, Ellen C. Ginsberg , Washington, DC, and Jonathan M. Rund were on the brief for amicus curiae Nuclear Energy Institute, Inc. in support of respondents.

Before: Kavanaugh, Circuit Judge, and Williams and Ginsburg, Senior Circuit Judges.


The Nuclear Regulatory Commission issued a license to Strata Energy, Inc. to mine uranium in Crook County, Wyoming. The Natural Resources Defense Council, Inc., and the Powder River Basin Resource Council (collectively, the Councils) intervened in the licensing proceeding and now petition this court for review, alleging...

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