Legal Opinion

Constitutionality of Nuclear Regulatory Commission's Imposition of Civil Penalties on the Air Force

Department of Justice Office of Legal Counsel

Decided June 8, 1989Published

1Opinion of the Court

Constitutionality of Nuclear Regulatory Commission’s Imposition of Civil Penalties on the Air Force In the absence of Presidential intervention to review its decision, the Nuclear Regulatory Commission may constitutionally issue an order imposing civil penalties on the Department of the Air Force under the Atomic Energy Act of 1954. Although Congress may not deprive the President of an opportunity to review a decision made by an agency subject to his supervisory authority, the President is not constitu­ tionally required to review all such decisions before they may be lawfully implemented.…

2Cases cited21 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. Myers v. United StatesSupreme Court of the United States · 1926
  3. Morrison v. OlsonSupreme Court of the United States · 1988
  4. Muskrat v. United StatesSupreme Court of the United States · 1911
  5. Humphrey's v. United StatesSupreme Court of the United States · 1935

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