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Legislative Process Keyed to Bressman, 4th Ed.
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
Citation:
435 U.S. 519 (1978)Facts
In December 1967, the Atomic Energy Commission (later the Nuclear Regulatory Commission) granted Vermont Yankee a permit to build a nuclear power plant in Vernon, Vermont. When Vermont Yankee applied for an operating license, the Natural Resources Defense Council (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 February 1973, allowing written and oral statements but not permitting discovery or cross-examination. After the hearings, the Commission issued a rule adopting one of the proposed alternatives. NRDC challenged the rule in the Court of Appeals, which invalidated it on the grounds that the procedures used were inadequate, despite the fact that the Commission had complied with all requirements of the Administrative Procedure Act.
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