ELR Citation: ELR 20078
No(s). 81-C-66 (D. Colo. Mar 3, 1982)

The court rules that jurisdiction over plaintiff's challenge to the Nuclear Regulatory Commission's (NRC's) oversight of Colorado's regulation, pursuant to the Uranium Mill Tailings Radiation Control Act, of uranium mill tailings lies exclusively in the courts of appeals. The court rules that the Act, in combination with 28 U.S.C. §2343(4), grants the courts of appeals exclusive jurisdiction over NRC final orders in licensing decisions and related rulemaking activities. NRC's transfer of uranium mill tailings regulation to a state and its supervision of that regulation is a licensing decision, since that is the manner in which the federal agency exercises its licensing authority in that state. The court therefore grants defendants' motion to dismiss the complaint.

Counsel for Plaintiff
Paul Snyder Jr.
Suite 225, 1375 Walnut St., Boulder CO 80302
(303) 442-8702

Counsel for Defendants
James W. Winchester, Ass't U.S. Attorney
Fed. Office Bldg., Drawer 3615, Denver CO 80294
(303) 837-2081

Kathryn A. Oberly
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2716