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OGLALA SIOUX TRIBE v. NUCLEAR REGULATORY COM'N

No. 20-1489.

45 F.4th 291 (2022)

OGLALA SIOUX TRIBE and Aligning for Responsible Mining, PETITIONERS 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 August 9, 2022.

Attorney(s) appearing for the Case

Jeffrey C. Parsons argued the cause for petitioners. With him on the briefs were Roger Flynn and Travis Stills .

James E. Adler , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were Justin D. Heminger , Attorney, U.S. Department of Justice, and Andrew P. Averbach , Solicitor, U.S. Nuclear Regulatory Commission.

Christopher S. Pugsley argued the cause for intervenor-respondent Powertech (USA), Inc. With him on the brief was Anthony J. Thompson .

Before: Wilkins, Rao, and Jackson, Circuit Judges.

The Oglala Sioux Tribe and its non-profit association Aligning for Responsible Mining seek review of the Nuclear Regulatory Commission's decision to grant Powertech (USA), Inc., a source material license to extract uranium from ore beds in South Dakota. The Tribe maintains that the Commission failed to meet its obligations under...

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