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Administrative Law Keyed to Breyer
Baltimore Gas & Electric Co. v. Natural Resources Defense Council
Citation:
462 U.S. 87 (1983)Facts
The Nuclear Regulatory Commission (NRC) developed Table S-3 to evaluate the environmental effects of the nuclear fuel cycle for nuclear power plants. The table included a “zero-release” assumption that permanent storage of nuclear wastes would have no significant environmental impact. This assumption was based on the NRC’s determination that the nation would likely develop methods to store wastes with no leakage to the environment, despite acknowledged uncertainties. The NRC conducted extensive proceedings, including hearings and studies, before adopting the final rule. The NRC emphasized that Table S-3 was designed for the limited purpose of individual licensing decisions, was intentionally conservative in its estimates, and that the zero-release assumption was just one element of the overall table. The Natural Resources Defense Council challenged this assumption as arbitrary and capricious, arguing that it prevented consideration of uncertainties in individual licensing decisions.
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