Friends of Earth, Inc. v. United States

Ninth Circuit

Friends of Earth, Inc. v. United States

600 F.2d 753

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 12, 1979

DocketNo. 79-7311

StatusPublished

Cited by1 cases

This text of 600 F.2d 753 (Friends of Earth, Inc. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Friends of Earth, Inc. v. United States, 600 F.2d 753 (9th Cir. 1979).

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Opinion

AMENDED ORDER

Before ELY, TRASK and SNEED, Circuit Judges.

Petitioners’ motion to stay the June 21, 1979 order of the United States Nuclear Regulatory Commission (NRC) captioned, In the Matter of Sacramento Municipal Utility District, Rancho Seco Nuclear Generating Station, Docket No. 50-132, is denied. We interpret the NRC’s order of June 21, 1979, when read together with its May 7, 1979 order and the various exhibits submitted by both the petitioners and respondents, as a determination by the NRC that the Rancho Seco Nuclear Generating Station presently can be operated with reasonable safety. We must defer to the expert judgment of the NRC unless, based on the record before us, we find that the NRC’s order of June 21, 1979 is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. 5 U.S.C. § 706(2)(A). We cannot so find.

DENIED.

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AMENDED ORDER

Before ELY, TRASK and SNEED, Circuit Judges.

Petitioners’ motion to stay the June 21, 1979 order of the United States Nuclear Regulatory Commission (NRC) captioned, In the Matter of Sacramento Municipal Utility District, Rancho Seco Nuclear Generating Station, Docket No. 50-132, is denied. We interpret the NRC’s order of June 21, 1979, when read together with its May 7, 1979 order and the various exhibits submitted by both the petitioners and respondents, as a determination by the NRC that the Rancho Seco Nuclear Generating Station presently can be operated with reasonable safety. We must defer to the expert judgment of the NRC unless, based on the record before us, we find that the NRC’s order of June 21, 1979 is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. 5 U.S.C. § 706(2)(A). We cannot so find.

DENIED.

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