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Nuclear Info. & Resource Serv. v. Nuclear Regulatory Comm'n

ELR Citation: 37 ELR 20308
Nos. No. 06-1301, (D.C. Cir., 12/11/2007)

The D.C. Circuit denied citizen advocacy groups' claim that the Nuclear Regulatory Commission violated the National Environmental Policy Act and the Atomic Energy Act when it granted a license for a new, privately owned facility in New Mexico to produce enriched uranium as fuel for nuclear reactors. An environmental impact statement (EIS) is “prepared” for purposes of the Atomic Energy Act even when it is supplemented after the close of licensing hearings. Further, the EIS is sufficient as the commission adequately considered the environmental consequences of the facility's waste disposal. Finally, there is no reason to doubt the commission’s acceptance of cost estimates for waste disposal, and one commissioner’s outspoken views about the petitioner did not disqualify him from hearing the case.