International Union of Electrical, Radio & Machine Workers v. United States

I dissent because I think there is no occasion at this time for the court to reach the issue of the ultimate safety of the plant’s operations. The Commission has issued only a provisional permit to build a plant, not to operate it. The plant cannot go into operation until and unless the intervenor PRDC meets the safety provisions of the Act.

The sole basis of challenge to the provisional construction permit is that the future possibility that an operating permit will be unlawfully and improperly issued by the Commission creates a “present,” “immediate” and “unavoidable threat” of injury. I do…