Vermont Yankee Revisited: High Court Upholds NRC's S-3 Table for Second Time

August 1983
Citation:
13
ELR 10239
Issue
8
Author
Frances L. McChesney

Editors' Summary: In June, the Supreme Court handed down the third nuclear energy ruling of the Term. Justice O'Connor, writing or a unanimous court in Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc. (Vermont Yankee IV), upheld the NRC's Table S-3 Rule—a generic rule dictating how licensing boards are to consider the environmental impacts associated with the nuclear fuel cycle. This was the second time the Supreme Court had reversed a D.C. Circuit decision invalidating the rule. Judge Bazelon of the D.C. Circuit faulted the NRC for failing to allow for the consideration of uncertainties surrounding long-term storage as required by NEPA. But Justice O'Connor ruled that the NRC had disclosed these uncertainties and reasonably concluded that they were insignificant given the limited purposes of the table. The decision is troubling because it appears to leave the NRC free to give only summary treatment of environmental uncertainties of admittedly substantial magnitude in licensing decisions. However, the Supreme Court, in deferring to the agency's expertise probably had no other choice without interfering with the substance of the agency's decision.

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Vermont Yankee Revisited: High Court Upholds NRC's S-3 Table for Second Time

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