San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Commission

Opinion for the Court filed by Circuit Judge BORK.

Concurring opinion filed by Circuit Judge MIKVA, concurring in Parts I and II of Circuit Judge BORK’s opinion and in the result reached by Part III.

Dissenting opinion filed by Circuit Judge WALD, in which Chief Judge SPOTTSWOOD W. ROBINSON III, and Circuit Judges J. SKELLY, WRIGHT and GINSBURG concur.

BORK, Circuit Judge:

This case presents two questions. The first is whether the Nuclear Regulatory Commission (“NRC” or “Commission”), before issuing a license for the operation of the Diablo Canyon Nuclear Power Plant, is required to hold a…