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Administrative Law Keyed to Seamon
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
Citation:
435 U.S. 519 (1978)Facts
In 1967, Vermont Yankee received a permit to build a nuclear power plant. When it later applied for an operating license, the NRDC objected, particularly regarding the environmental effects of nuclear fuel reprocessing and waste disposal. The Commission initiated rulemaking proceedings to address these concerns, offering two alternatives based on a staff report called the Environmental Survey of the Nuclear Fuel Cycle. The Commission held hearings in which various groups participated, including NRDC. The Commission ultimately adopted a rule addressing the environmental impact of the fuel cycle and approved Vermont Yankee’s license. The Court of Appeals overturned the rule, finding that despite compliance with APA requirements, the Commission’s procedures were inadequate for developing a sufficient record. The Supreme Court granted certiorari to review whether courts could impose procedural requirements beyond those in the APA.
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