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Scientists' Institute for Public Information v. Atomic Energy Commission

481 F.2d 1079 (1973)

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Scientists’ Institute for Public Information v. Atomic Energy Commission

United States Court of Appeals for the District of Columbia Circuit
481 F.2d 1079 (1973)

DD

Facts

The Atomic Energy Commission (the commission) (defendant) was a federal agency in the process of developing a new technology called the liquid-metal fast breeder reactor (LMFBR). LMFBR technology was intended to produce fuel that could be used to generate electricity in nuclear power plants. Over $100 million in federal funds was appropriated per year for developing LMFBR technology, and the commission was committed to implementing LMFBR technology in a commercial nuclear power plant by 1980. The commission had information regarding the amount of radioactive waste arising from the development of LMFBR technology. The Scientists’ Institute for Public Information (the institute) (plaintiff) brought suit, contending that the National Environmental Policy Act (NEPA) required the commission to prepare an environmental-impact statement discussing the environmental consequences of developing LMFBR technology. The district court held that the commission was not required to prepare an environmental-impact statement under NEPA. The institute appealed.

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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Casebooks

Environmental Law

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