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Legislation and Regulation Keyed to Manning, 5th Ed.
Train v. Colorado Public Interest Research Group, Inc.
Citation:
426 U.S. 1 (1976)Facts
Two nuclear facilities in Colorado—the Fort St. Vrain Nuclear Generating Station and the Rocky Flats nuclear weapons components plant—were discharging radioactive effluents in conformity with standards imposed by the Atomic Energy Commission under the Atomic Energy Act. The EPA disclaimed authority under the Federal Water Pollution Control Act to set its own standards governing the discharge of radioactive materials already subject to AEA regulation, despite the FWPCA’s definition of “pollutant” including “radioactive materials.” The Colorado Public Interest Research Group and Colorado residents sued the EPA, seeking a declaration that the FWPCA’s definition of “pollutant” encompasses all radioactive materials, including those regulated under the AEA, and an injunction requiring the EPA to regulate the discharge of all such materials. The dispute centered on statutory interpretation—whether Congress intended the term “radioactive materials” in the FWPCA to include materials already regulated under the AEA’s comprehensive scheme.
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