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Coalition for Safe Nuclear Power v. Atomic Energy Comm'n

Citation: 2 ELR 20150
No. No. 71-1396, 463 F.2d 954/3 ERC 2016/(D.C. Cir., 04/07/1972)

Motion for interlocutory injunction against continued construction of a nuclear power plant pending full NEPA review of the licensing decision pursuant to Calvert Cliffs Coordinating Committee v. The Atomic Energy Commission, 1 ELR 20346 (D.C. Cir. July 23, 1971), is denied as premature. AEC regulations implementing NEPA provide a hearing procedure through which an objection to an AEC refusal to suspend a construction license pending completion of the NEPA study may be heard. Efficient interaction between courts and agencies requires that such administrative remedies be exhausted. The AEC's regulations governing the suspension decision are deficient because they do not require an evaluation of the effect additional construction — additional irretrievable commitment of substantial resources — will have on the eventual decision reached after NEPA review. On remand the AEC is ordered to give paramount consideration to this factor.

Counsel for Petitioner
Jerome S. Kalur
1425 National City Bank Building
Cleveland, Ohio 44114

Counsel for Respondent
Edmund B. Clark
Peter R. Steenland Attorneys
Department of Justice
Washington, D.C. 20530

Marcus A. Rowden Solicitor
Atomic Energy Commission
Washington, D.C. 20545

Counsel for Intervenors
Gerald Charnoff
910 - 17th Street N.W.
Washington, D.C.

Before WRIGHT and McGOWAN, Circuit Judges.