ELR Citation: ELR 20078
No(s). 24458 (D.C. Cir. Jul 20, 1970)

Temporary stay denied of hearings conducted by the Atomic Energy Commission to determine whether power generating reactor should be licensed. Commission's refusal to allow petitioners to present evidence of thermal pollution in hearings is not a final order justifying judicial review. Agency's procedural or evidentiary rulings in the course of a proceeding do not constitute final orders. However, if Commission persists in excluding petitioners' evidence, it courts possibility that court will order rehearing when final judicial review ultimately is available.

Counsel for Petitioners:
Myron M. Cherry
McDermott, Will & Emery
111 West Monroe Street
Chicago, IL 60603
(312) FR2-2000

Allan I. Mendelsohn
1819 H Street, NW
Washington, DC 20006
(202) 223-1280

Counsel for Respondents:
Edmund B. Clark Attorney
Department of Justice
10th and Pennsylvania Avenue, NW
Washington, DC 20530
(202) 739-2448

Before: Leventhal, Tamm, and Wilkey, Circuit Judges, in Chambers.

Circuit Judge Tamm did not participate in the foregoing order and opinion.