ENVIROCARE OF UTAH, INC. V. NRC
194 F.3d 72 (D.C.Cir. 1999)
NATURE OF THE CASE: This was two consolidated petitions for judicial review of two orders
of the Nuclear Regulatory Commission refusing to grant Envirocare of Utah, Inc.'s (P’s)
requests for a hearing and for intervention in licensing proceedings.
FACTS: P was the first commercial facility in the nation licensed to dispose of certain
radioactive byproduct material from offsite sources. D granted the applications of two
companies for amended licenses to allow them to dispose of radioactive waste received from
other sites. P requested a hearing and sought leave to intervene to oppose the amendment. P
was upset that the license amendment permits to be granted did not require the companies to
meet the same regulatory standards the agency imposed upon P when P sought its license to
become a commercial disposal facility for' radioactive waste. D ruled that P did not come
within the following 'standing' provision in the Atomic Energy Act: when D institutes a
proceeding for the granting or amending of a license. P alleged economic injury, claiming
that the less stringent application of regulations placed P at a competitive disadvantage.
This allegation was sufficient to meet the injury-in-fact requirements of constitutional
standing. On the question of prudential standing, D determined that 'P's purely competitive
interests, unrelated to any radiological harm to itself, do not bring it within the zone of
interests of the AEA for the purpose of policing the license requirements of a competitor.'
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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