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Ecology Action of Oswego v. NRC

Citation: 10 ELR 20293
No. No. 78-1855, 14 ERC 1625/(D.C. Cir., 03/12/1980)

In a memorandum decision the court affirms the Atomic Safety and Licensing Appeal Board's denial of a motion (1) to suspend the construction permit for the Sterling Nuclear Power Project and (2) to enjoin the plant's owner from contracting for nuclear fuel for the plant until the Nuclear Regulatory Commission (NRC) has reevaluated the environmental impacts of uranium mining and milling. The court first rules that petitioners have not shown that they will be irreparably injured if relief is denied because they have not shown that serious injury will result from the continued mining and milling of uranium. Second, the requested relief is not within the power of the Appeal Board because it lacks power to prevent utilities from purchasing nuclear fuel.

Counsel for Plaintiffs
Dirk S. Adams
Robinson, Williams & Angeloff
1600 First Federal Plaza, Rochester NY 14614
(797) 454-1990

Counsel for Defendants
Stephen F. Eilperin, Solicitor
Nuclear Regulatory Commission, Washington DC 20555
(202) 634-3288

Larry Boggs
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2753

Before Robinson, Robb, and Davis,* JJ.