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Sholly v. NRC

Citation: 11 ELR 20336
No. Nos. 80-1691 et al., 651 F.2d 792/15 ERC 1726/(D.C. Cir., 03/04/1981) Reh'g denied en banc

Four members of the court dissent from its denial of the government's motion for rehearing en banc. In their view, the opinion for the court erroneously interprets § 189(a) of the Atomic Energy Act and will have the effect of overburdening the NRC's licensing apparatus. They are also unconvinced that the case should not have been dismissed on mootness grounds.

Counsel are listed at 11 ELR 20329

Before: McGOWAN, Chief Judge, WRIGHT, TAMM, ROBINSON, MacKINNON, ROBB, WILKEY, WALD, MIKVA, EDWARDS and GINSBURG, Circuit Judges.

Circuit Judges Tamm, MacKinnon, Robb and Wilkey would grant rehearing en banc. Their statement is attached.

STATEMENT ON DENIAL OF REHEARING EN BANC

rehearing denied en banc.