ELR Citation: 48 ELR 20010
No(s). 16-1298 (D.C. Cir. Jan 19, 2018)

The D.C. Circuit denied environmentalists' attempt to challenge an NRC decision to issue a uranium mining license in Wyoming. The mining company sought a license from NRC to mine uranium at the Ross Project in Crook County, Wyoming. NRC conducted an EIS and granted the license. Environmental groups challenged the license, claiming that the FEIS did not contain enough information about restoration of the aquifer post-mining, and sought to invalidate the grant. The review board found fault with the FEIS, but held that staff testimony in the record before it dealing with restoration to an “alternate concentration limit" at other sites served to “supplement” the FEIS. The environmentalists argued that the board's decision was arbitrary and capricious and violated the APA. The court held that the environmentalists identified no substantive flaws in NRC's decision and denied review.