United States Seventh Circuit

NRC dismissal of environmental groups' intervention in early site permit proceedings for new nuclear power facilities is affirmed where: 1) the NRC was not arbitrary or capricious in adopting the applicant's goals as the purpose behind the site permit; 2) it was reasonable for the NRC to conclude that NEPA did not require consideration of energy efficiency alternatives; 3) it was reasonable for the NRC to delay the need-for-power analysis until the combined license application; and 4) the Board satisfied NEPA's procedural requirements and rendered a decision that thoughtfully considered all reasonable alternatives.

Appellate Information

• Decided 12/05/2006
• Published 12/05/2006

Judges

• FLAUM, Circuit Judge., Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Howard A. Learner (argued), Environmental Law & Policy Center, Chicago, IL, for Petitioners.


• For Appellees:
  
• Jared K. Heck (argued), Washington, DC, Thomas P. Walsh, Office of the United States Attorney, Chicago, IL, for Respondents., Steven P. Frantz (argued), Morgan, Lewis & Bockius, Washington, D.C., Thomas S. O'Neill, Exelon Nuclear Associate General Counsel, Warrenville, IL, for Intervenor-Respondent.