NATURAL RESOURCES DEFENSE COUNCIL v. U.S.E.P.A.

Nos. 85-1915, 86-1096 to 86-1098.

824 F.2d 1258 (1987)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Conservation Law Foundation of New England, Environmental Policy Institute, State of Maine, and State of Vermont, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and United States of America, Respondents. Arizona Nuclear Power Project, et al., Intervenors. Carolina Power & Light Company, et al., Intervenors. STATE OF VERMONT, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and United States of America, Respondents. Arizona Nuclear Power Project, et al., Intervenors. Carolina Power & Light Company, et al., Intervenors. STATE OF TEXAS, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents. Arizona Nuclear Power Project, et al., Intervenors. Carolina Power & Light Company, et al., Intervenors. STATE OF MINNESOTA, By Its Attorney General Hubert H. HUMPHREY, III, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Arizona Nuclear Power Project, et al., Intervenors. Carolina Power & Light Company, et al., Intervenors.

United States Court of Appeals, First Circuit.

As Amended August 12, 1987.


Attorney(s) appearing for the Case

Dan W. Reicher with whom Charles Magraw, Jacqueline M. Warren, Natural Resources Defense Council, Armond Cohen, Conservation Law Foundation of New England, Merideth Wright, Asst. Atty. Gen., State of Vt., Suellen Keiner, Environmental Policy Institute, and Philip Ahrens, Asst. Atty. Gen., State of Me., Chief, Natural Resources Section, were on brief for petitioners Natural Resources Defense Council, Inc., Conservation Law Foundation of New England, Environmental Policy Institute, State of Me. and State of Vt.

Carl A. Sinderbrand, Asst. Atty. Gen., State of Wis., Bronson C. LaFollette, Atty. Gen., State of Wis., Lacy H. Thornburg, Atty. Gen., State of N.C., S. Thomas Rhodes, Secretary, N.C. Dept. of Natural Resources and Community Development, and Michael J. Dowers, Atty. Gen., State of Georgia, were on brief for the States of Wis., Ga., and N.C., amici curiae.

David W. Zugschwerdt with whom Susan L. Smith, U.S. Dept. of Justice, F. Henry Habicht, II, Asst. Atty. Gen., Christopher C. Herman, U.S.E.P.A., Francis S. Blake, General Counsel, Alan W. Eckert, Associate General Counsel, and Charles S. Carter, Asst. General Counsel, were on brief, for respondents.

Renea Hicks, Asst. Atty. Gen., with whom Jim Mattox, Atty. Gen., Mary F. Keller, Executive Asst. Atty. Gen., for Litigation, Nancy N. Lynch, Chief, Environmental Protection Div., and Nancy E. Olinger, Asst. Atty. Gen., were on brief for petitioner, State of Tex.

Joseph G. Maternowski, Sp. Asst. Atty. Gen., with whom Jocelyn Furtwangler Olson, Sp. Asst. Atty. Gen., and Hubert H. Humphrey, III, Atty. Gen., were on brief, for petitioner State of Minn.

Scott A. Harman with whom Maurice Axelrad, Michael A. Bauser, Pamela A. Lacey and Newman & Holtzinger, P.C. were on brief, for intervenor utilities.

Before CAMPBELL, Chief Judge, ALDRICH and COFFIN, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

This is a petition to review the standards promulgated by the Environmental Protection Agency ("EPA") for the long-term disposal of high level radioactive waste under the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101-10226 (1982). The states of Maine and Vermont, and the Natural Resources Defense Council, Conservation Law Foundation of New England, and Environmental Policy Institute were the original petitioners. Later...

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