United States DC Circuit

Section 10155(h) of the Nuclear Waste Policy Act does not repeal or supersede defendant's authority under the Atomic Energy Act to license the storage of private spent nuclear fuel at privately owned away-from-reactor storage facilities.

Appellate Information

• Argued 01/16/2004
• Decided 02/24/2004
• Published 02/24/2004

Judges

• Before:  ROGERS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas R. Lee argued the cause for petitioners.   With him on the briefs were Mark L. Shurtleff, Attorney General, Attorney General's Office of the State of Utah, Monte N. Stewart, Special Assistant Attorney General, Denise Chancellor and Connie Nakahara, Assistant Attorneys General, and Paul C. EchoHawk., Jay E. Silberg argued the cause for intervenors.   With him on the brief was Tim Vollmann.


• For Appellees:
  
• Grace H. Kim, Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondent U.S. Nuclear Regulatory Commission.   With her on the brief were Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Solicitor.