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Nader v. Ray

ELR Citation: 3 ELR 20801
Nos. No. 1058-73, 363 F. Supp. 946/5 ERC 1677/(D.D.C., 06/28/1973, 07/13/1973)

The court dismisses for lack of jurisdiction an action seeking declaratory and injunctive relief against the operation of 20 nuclear power plants with allegedly ineffective emergency core cooling systems as a breach of AEC's obligation under the Atomic Energy Act to protect the public health and safety. AEC has primary jurisdiction over such questions, and the plaintiffs have failed to exhaust or even employ their administrative remedies, and thus no record for review exists. In any case, the statute provides that the review of AEC action lies solely in the U.S. Court of Appeals. In addition, plaintiffs have failed to show a likelihood of success on the merits since the essential legal test under the statute is that of "reasonable assurance of adequate protection to the public health and safety" and not, as plaintiffs contend, one of a "definitive finding of safety" or that the equipment used be "completely safe."

Counsel for Plaintiffs
Myron Cherry
1712 N Street, NW
Washington, DC 20036

Counsel for Defendants
Arnold T. Aikens U.S. Attorney
U.S. Courthouse
Washington, DC 20530

John J. Adams
Hunton, Williams, Gay & Gibson
320 Federal Bar Building
1819 H Street, NW
Washington, DC 20006

George F. Trowbridge
Shaw, Pittman, Potts, Trowbridge & Madden
910 17th Street, NW
Washington, DC 20006

William R. Perlik
Wilmer, Cutler & Pickering
900 17th Street, NW
Washington, DC 20006

John B. Denniston
Covington & Burling
888 16th Street
Washington, DC 20006