ELR Citation: ELR 20336
No(s). s. 80-1691 et al (D.C. Cir. Mar 4, 1981)

Four members of the court dissent from its denial of the government's motion for rehearing en banc. In their view, the opinion for the court erroneously interprets §189(a) of the Atomic Energy Act and will have the effect of overburdening NRC's licensing apparatus. They are also unconvinced that the case should not have been dismissed on mootness grounds.

Counsel are listed at 11 ELR 20329

Before: McGOWAN, Chief Judge, WRIGHT, TAMM, ROBINSON, MacKINNON, ROBB, WILKEY, WALD, MIKVA, EDWARDS, and GINSBURG, Circuit Judges.

Circuit Judges Tamm, MacKinnon, Robb, and Wilkey would grant rehearing en banc. Their statement is attached.

STATEMENT ON DENIAL OF REHEARING EN BANC

rehearing denied en banc.