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OGLALA SIOUX TRIBE v. U.S. NRC

No. 17-1059.

896 F.3d 520 (2018)

OGLALA SIOUX TRIBE, Petitioner v. U.S. NUCLEAR REGULATORY COMMISSION and United States Of America, Respondents. Powertech (Usa), Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2018.

Attorney(s) appearing for the Case

Jeffrey C. Parsons argued the cause for petitioner. With him on the briefs was Travis Stills . Roger Flynn entered an appearance.

James E. Adler , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were Jeffrey H. Wood , Acting Assistant Attorney General, U.S. Department of Justice, Eric Grant , Deputy Assistant Attorney General, Lane N. McFadden , Attorney, and Andrew P. Averbach , Solicitor, U.S. Nuclear Regulatory Commission.

Christopher S. Pugsley argued the cause for intervenor-respondent. With him on the brief was Anthony J. Thompson .

Opinion for the Court filed by Chief Judge GARLAND.

Powertech (USA), Inc. applied to the Nuclear Regulatory Commission for a license to construct a uranium mining project in the Black Hills of South Dakota. The Oglala Sioux Tribe, which has historical ties to the proposed project area, intervened in opposition because it feared the destruction of its cultural, historical, and...

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