ELR Citation: ELR 20479
No(s). 72-1459 (D.C. Cir. May 23, 1973)

Illinois farmers seeking to stop, pending the filing of a NEPA statement, all land purchases by Commonwealth Edison for the siting of a future nuclear power plant, are denied direct review in the U.S. Court of Appeals of the AEC's order promulgating rules which permit land acquisition, though not site preparation, by utilities prior to such an assessment. Because the plaintiffs declined AEC invitations to become parties to the rulemaking, they cannot now claim aggrieved part status, and must pursue their remedies before the Commission.

Counsel for Plaintiffs
Joseph Karaganis
33 N. LaSalle St., Suite 2300
Chicago, IL 60602

Wallace Duncan
1700 Pennsylvania Ave., NW
Washington, DC 20006

Counsel for Defendant
Jerome Nelson, Solicitor
Atomic Energy Commission
Washington, DC 20545

Edmund Clark Assistant U.S. Attorney
Department of Justice
Washington, DC 20530

Counsel for Intevenor Commonwealth Edison Co.
Marx Leva
815 Connecticut Ave., NW
Washington, DC 20036