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Administrative Law Keyed to Funk
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
Citation:
435 U.S. 519 (1978)Facts
In the Vermont Yankee case, the AEC conducted rulemaking proceedings to evaluate the environmental effects of uranium fuel cycle in nuclear power plants. The AEC provided notice, allowed written and oral statements, permitted questioning by the Commission, and kept the record open for supplemental statements. The NRDC challenged these procedures as inadequate. In the Consumers Power case, the AEC granted a construction permit for nuclear reactors after extensive hearings. Environmental groups challenged the decision, arguing that the AEC failed to adequately consider energy conservation alternatives and that an Advisory Committee on Reactor Safeguards (ACRS) report was insufficiently detailed. The Court of Appeals found the procedures inadequate in both cases and remanded, effectively requiring the agency to provide additional procedural safeguards beyond those mandated by the APA.
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