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In the Matter of Louisiana Energy Services, L.P.

Nuclear Regulatory Commission
Atomic Safety and Licensing Board


Facts

Louisiana Energy Services, L.P. (LES) (defendant) sought a 30-year materials license from the Nuclear Regulatory Commission (NRC) to possess and use special nuclear material in order to enrich uranium using a gas centrifuge process at the Claiborne Enrichment Center (CEC), a 442-acre tract of land immediately adjacent to two mostly African-American communities, Forest Grove and Center Springs. The Citizens Against Nuclear Trash (CANT) (plaintiff) intervened into the licensing process and claimed LES’s decision to place CEC near the communities was racially-motivated and contrary to the nondiscrimination component of Executive Order 12,898. The Licensing Board reviewed the petition.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (More, Cole, and Shon, JJ.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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