Natural Resources Defense Council v. United States Nuclear Regulatory Commission

879 F.3d 1202 (2018)

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Natural Resources Defense Council v. United States Nuclear Regulatory Commission

United States Court of Appeals for the District of Columbia Circuit
879 F.3d 1202 (2018)

CR

Facts

Strata Energy, Inc. (Strata) applied for and was granted a permit to mine uranium in Crook County, Wyoming. The Natural Resources Defense Council and the Powder River Basin Resource Council (environmental groups) (plaintiffs) sued the Nuclear Regulatory Commission (agency) (defendant) for issuing the license, arguing that the environmental-impact statement (EIS) the agency produced prior to granting the license was deficient. More specifically, the environmental groups argued that Strata’s parent corporation had announced several similar projects in the Lance District, an area that included portions of Nebraska, South Dakota, and Wyoming, and that these projects should be analyzed together in the EIS. The agency disagreed, noting that the proposed project was financially viable even if none of the other projects proposed by Strata’s parent company moved forward, and therefore the project had independent utility.

Rule of Law

Issue

Holding and Reasoning (Ginsburg, J.)

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