Envirocare Of Utah, Inc. v. Nrc

194 F.3d 72 (D.C.Cir. 1999)


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.'