Congressman Ronald v. Dellums v. U.S. Nuclear Regulatory Commission and United States of America, Advanced Nuclear Fuels Corporation, Intervenors

863 F.2d 968, 274 U.S. App. D.C. 279, 1988 U.S. App. LEXIS 17119, 1988 WL 133153
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 16, 1988
Docket87-1531
StatusPublished
Cited by55 cases

This text of 863 F.2d 968 (Congressman Ronald v. Dellums v. U.S. Nuclear Regulatory Commission and United States of America, Advanced Nuclear Fuels Corporation, Intervenors) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Congressman Ronald v. Dellums v. U.S. Nuclear Regulatory Commission and United States of America, Advanced Nuclear Fuels Corporation, Intervenors, 863 F.2d 968, 274 U.S. App. D.C. 279, 1988 U.S. App. LEXIS 17119, 1988 WL 133153 (D.C. Cir. 1988).

Opinions

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Senior District Judge MILTON POLLACK.

Opinion dissenting as to standing filed by Circuit Judge RUTH BADER GINSBURG.

SILBERMAN, Circuit Judge:

This is a petition for review of two final orders of the United States Nuclear Regulatory Commission (“NRC” or “Commission”) that grant and decline to revoke, respectively, licenses to import uranium hexafluoride from South Africa. Petitioners, which include several members of Congress,1 three organizations opposed to apartheid and one concerned with nuclear proliferation,2 an exiled black South African anti-apartheid activist named Henry Isaacs, and an unemployed American uranium miner named Robert Chavez,3 contend that these orders are contrary to provisions of the Comprehensive Anti-Apartheid Act of 1986, 22 U.S.C. § 5001, et seq. (Supp. IV 1986), and, therefore, not in accordance with law. 5 U.S.C. § 706(2)(A) (1982). We conclude, however, that none of the petitioners has standing to maintain this suit, and we therefore dismiss the petition for review.

I.

On October 2, 1986, Congress passed the Comprehensive Anti-Apartheid Act of 1986 over the President’s veto. The stated purpose of the Act is “to set forth a comprehensive and complete framework to guide the efforts of the United States in helping to bring an end to apartheid in South Africa and lead to the establishment of a nonracial, democratic form of government.” 22 U.S.C. § 5002. In order to register the United States’ disapproval with the South African government and to pressure that government to negotiate about the dismantlement of apartheid, Congress included in the Act a series of economic sanctions against South Africa. Congress rejected a total trade embargo and instead imposed limited sanctions that, inter alia, minimized the potential adverse impacts on the United States economy. At issue in this case is one such provision, section 309 of the Act, 22 U.S.C. § 5059, which prohibits the importation of uranium, coal, and textiles from South Africa. That section states:

Notwithstanding any other provision of law, no—

(1) uranium ore,
(2) uranium oxide,
(3) coal, or
[971]*971(4) textiles,
that are produced or manufactured in South Africa may be imported into the United States.

22 U.S.C. § 5059(a).

All parties wishing to import uranium must receive a license from the NRC. 42 U.S.C. § 2092. In June 1987, the Commission granted petitioners leave to intervene in eight license proceedings before the NRC involving applications to import South African uranium hexafluoride. Petitioners also filed a separate petition seeking the revocation of eleven licenses to import uranium hexafluoride, which had been granted prior to the effective date of the Anti-Apartheid Act. The NRC issued two final orders on September 21, 1987, one covering the license application proceeding and the other covering the license revocation proceeding. 26 N.R.C. 109 (1987); 26 N.R.C. 123 (1987). The Commission determined that while section 309 prohibits the importation of uranium ore and uranium oxide, it does not extend the ban to other forms of uranium, such as uranium hexafluoride.4

II.

Three standing requirements are derived from Article III of the Constitution. A plaintiff or petitioner must show that he has personally suffered a “distinct and palpable” harm that constitutes injury in fact, Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206, 45 L.Ed.2d 343 (1975), that the injury “fairly can be traced to the ehal-lenged action,” Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 41, 96 S.Ct. 1917, 1926, 48 L.Ed.2d 450 (1976), and that the injury is “likely to be redressed by a favorable decision.” Id. at 38, 96 S.Ct. at 1924. The latter two requirements of “causation” and “redressability” are often treated interchangeably by the Supreme Court, and we have recognized that they tend to merge in cases such as this one where the relief sought is only the cessation of the allegedly illegal conduct. D.C. Common Cause v. District of Columbia, 858 F.2d 1, 5 (D.C.Cir.1988); National Wildlife Fed’n v. Hodel, 839 F.2d 694, 705 (D.C.Cir.1988).

Despite this analytical framework, the guidance discernible from decisions of the Supreme Court on standing is less than pellucid. The Court has often imposed a heavy burden on plaintiffs to show a “substantial likelihood” that the relief sought would redress the alleged injury, see, e.g., Simon, 426 U.S. at 44-46, 96 S.Ct. at 1927-28, but on other occasions it has appeared to think that standing could be based on assertions of what one might consider an attenuated line of causation. See United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669, 688-89, 93 S.Ct. 2405, 2416-17, 37 L.Ed.2d 254 (1973).5 Cf. Duke Power Co. v. Carolina Envtl. Study Group, 438 U.S. 59, 77, 98 S.Ct. 2620, 2632, 57 L.Ed.2d 595 (1978) (affirming conclusion that there was “substantial likelihood” of indirect causar [972]*972tion, because district court was not clearly erroneous). The Court has declared that widely-held, non-quantifiable aesthetic and environmental injuries are sufficient to satisfy the Article III minimum, Sierra Club v. Morton, 405 U.S. 727, 734-41, 92 S.Ct. 1361, 1365-69, 31 L.Ed.2d 636 (1972), United States v. SCRAP, 412 U.S. at 687-89, 93 S.Ct. at 2415-17, Japan Whaling Ass’n v. American Cetacean Soc’y, 478 U.S. 221, 230 n. 4, 106 S.Ct. 2860, 2866 n. 4, 92 L.Ed.2d 166 (1986), but it has found no standing when the only injury alleged is widely-held, non-quantifiable and of a political or ideological nature. United States v. Richardson, 418 U.S. 166, 94 S.Ct. 2940, 41 L.Ed.2d 678 (1974); Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 216-27, 94 S.Ct.

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Bluebook (online)
863 F.2d 968, 274 U.S. App. D.C. 279, 1988 U.S. App. LEXIS 17119, 1988 WL 133153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/congressman-ronald-v-dellums-v-us-nuclear-regulatory-commission-and-cadc-1988.