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Natural Resources Defense Council v. NRC

Citation: 6 ELR 20723
No. No. 75-4276, 539 F.2d 824/9 ERC 1414/(2d Cir., 09/08/1976) Reh'g denied

The court denies defendants' petition for rehearing. Nothing in the Supreme Court's recent decision in Kleppe v. Sierra Club, 6 ELR 20532, requires an outcome contrary to this court's earlier decision that the Commission must refrain from commercial licensing of mixed oxide fuel-related activities pending the completion of its supplemental NEPA inquiry into the industry-wide implementation of plutonium technology. The activity which he Court allowed to proceed in Kleppe had independent utility, while interim licensing in this case is "clearly tied to the anticipated wide-scale use and would commit substantial resources to the mixed oxide fuel technology." Until the supplemental generic NEPA review is completed, the Commission cannot adequately assess the consequences of such action. For the court's earlier opinion, see 6 ELR 20513.

Counsel are listed at 6 ELR 20513.

Clark, Pierce & Owen, JJ.