Friends Of The Earth, Inc. v. United States
This text of 600 F.2d 753 (Friends Of The 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.
Opinion
FRIENDS OF THE EARTH, INC., Ronald D. Doctor, Robert C. and
Mary Davis, Peggy Flynn, Ted and Jan Horning, Petitioners,
v.
UNITED STATES of America, United States Nuclear Regulatory
Commission, Respondents.
No. 79-7311.
United States Court of Appeals,
Ninth Circuit.
July 12, 1979.
James S. Reed, Reed, Samuel & Remy, Sacramento, Cal., for petitioners.
John F. Downey, Downey, Brand, Seymour & Rohwer, Herman Sillas, U. S. Atty., Francis N. Goldsberry II, Asst. U. S. Atty., Sacramento, Cal., for respondents.
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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600 F.2d 753, 1979 U.S. App. LEXIS 13255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-of-the-earth-inc-v-united-states-ca9-1979.