For Your Data Urban Essence Of Due West Chicago, Illinois V. Nrc Illustration Brief
October 28, 2016
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City of West Chicago, Illinois v. NRC illustration brief
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701 F.2d 632, xix ERC 1006 (7th Cir. 1983)
CASE SYNOPSIS: Petitioner urban total sought judicial review of respondent U.S. Nuclear Regulatory Commission's (NRC) order, which granted a license amendment to respondent-intervenor chemic company. The urban total appealed the lodge of the U.S. District Court for Northern District of Illinois, Eastern Division, which dismissed its mandamus activity for lack of jurisdiction.
FACTS: The urban total opposed the NRC's amendment to the chemic company's rootage materials license. The urban total sought an injunction against the NRC as well as the chemic company, challenging the amendment, the NRC's delay inwards issuing an environmental touching on disputation (EIS) as well as innovation for chemic company's thorium site, as well as the lack of expose as well as a hearing. The lower courtroom dismissed the city's electrical load for lack of jurisdiction. The urban total sought appellate review of the NRC's actions as well as challenged the lower court's judgment. The courtroom upheld the NRC's order, in conclusion that the amendment was non arbitrarily granted. Moreover, the NRC complied amongst § 189(a) of the Atomic Energy Act of 1954 (AEA), codified at 42 U.S.C.S. § 2239, five U.S.C.S. § 509, due process, as well as its ain regulations because an informal hearing was held as well as earth involvement did non ask a formal hearing. Nor was the urban total prejudiced past times the NRC's one-week expose of its dominion changes. The urban total had an chance to comment on the NRC's determination non to upshot an EIS, which was non an arbitrary determination. Thus, the NRC complied amongst 42 U.S.C.S. § 4332. Finally, the lower courtroom had no jurisdiction to review the NRC's actions.
CONCLUSION: The courtroom upheld the lodge of the NRC as well as affirmed the lower court's dismissal of the city's mandamus action.
FACTS: The urban total opposed the NRC's amendment to the chemic company's rootage materials license. The urban total sought an injunction against the NRC as well as the chemic company, challenging the amendment, the NRC's delay inwards issuing an environmental touching on disputation (EIS) as well as innovation for chemic company's thorium site, as well as the lack of expose as well as a hearing. The lower courtroom dismissed the city's electrical load for lack of jurisdiction. The urban total sought appellate review of the NRC's actions as well as challenged the lower court's judgment. The courtroom upheld the NRC's order, in conclusion that the amendment was non arbitrarily granted. Moreover, the NRC complied amongst § 189(a) of the Atomic Energy Act of 1954 (AEA), codified at 42 U.S.C.S. § 2239, five U.S.C.S. § 509, due process, as well as its ain regulations because an informal hearing was held as well as earth involvement did non ask a formal hearing. Nor was the urban total prejudiced past times the NRC's one-week expose of its dominion changes. The urban total had an chance to comment on the NRC's determination non to upshot an EIS, which was non an arbitrary determination. Thus, the NRC complied amongst 42 U.S.C.S. § 4332. Finally, the lower courtroom had no jurisdiction to review the NRC's actions.
CONCLUSION: The courtroom upheld the lodge of the NRC as well as affirmed the lower court's dismissal of the city's mandamus action.
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