The Committee for Nuclear Responsibility, Inc. v. Glenn T. Seaborg

Plaintiffs seek to enjoin an underground nuclear test, code-named Cannikin, to be conducted by the defendant Atomic Energy Commission (A.E.C.). The district court granted summary judgment for defendants, and plaintiffs appealed. 1 The case came on for consideration of plaintiffs’ motion for a stay pending appeal and expedited consideration of the appeal. The parties stipulated at the time of oral argument that since briefs on the merits had already been submitted by both parties, the case should be heard on the merits. Accordingly, we consider in this opinion the substantive questions…