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Honicker v. Hendrie

Citation: 9 ELR 20114
No. No. 78-3371-NA-CV, 465 F. Supp. 414/12 ERC 1700/(M.D. Tenn., 01/10/1979)

The court denies for lack of jurisdiction plaintiff's request for an order to compel defendant Commissioners of the Nuclear Regulatory Commission to revoke the licenses of all facilities engaged in activities related to the production of nuclear power. The court declines to reach the merits of plaintiff's claim that the disease and death which result from federal sponsorship of nuclear power production deny plaintiff and others their rights under the Fifth Amendment to the Constitution and constitute a violation of the Commission's mandate under the Atomic Energy Act to assure the protection of the public health and safety. Inasmuch as defendants are now considering a petition presented by plaintiff seeking the same remedy on essentially identical grounds, plaintiff has failed to exhaust her administrative remedies, making relief in this court unavailable. Furthermore, even if plaintiff had exhausted her administrative remedies, jurisdiction to review the decision of the Commission would not lie in this court, because jursidiction to review such final orders is vested by the Act exclusively in the courts of appeals.Defendants' motion to dismiss is granted.

Counsel for Plaintiff
Joel Kachinsky
Farm Legal
156 Drakes Lane, Summertown TN 38483
(615) 964-3574

Counsel for Defendants
Hal D. Hardin, U.S. Attorney; Irvin H. Kilcrease, Jr., Ass't U.S. Attorney
United States Courthouse, Nashville TN 37203
(615) 251-5151

Stephen F. Eilperin, Solicitor; E. Leo Slaggie, Sheldon L. Trubatch
Office of the General Counsel
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-1465