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Natural Resources Defense Council v. Defense Nuclear Facilities Safety Bd.

ELR Citation: 22 ELR 21496
Nos. No. 91-1199, 969 F.2d 1248/(D.C. Cir., 10/09/1992) Reh'g en banc denied

The court denies a suggestion for rehearing en banc of its prior decision in Natural Resources Defense Council v. Defense Nuclear Facilities Safety Board, 22 ELR 21381, which held that the Board's regulation allowing it to close meetings, or portions of meetings, concerning its recommendations relating to public health and safety does not violate the Government in the Sunshine Act. Judges Williams and Wald concur in the denial of rehearing en banc, but continue to believe that the panel reached the wrong decision. Judge Williams declines to classify the dispute as one of exceptional importance warranting en banc treatment, and Judge Wald believes that an en banc hearing would be futile.

Counsel are listed at 22 ELR 21381.

Before: MIKVA, Chief Judge; WALD, EDWARDS, RUTH B. GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON, and RANDOLPH, Circuit Judges.