Natural Resources Defense Council v. United States Nuclear Regulatory Commission,

578 F.2d 1341 (10th Cir. 1978)

Facts

The Nuclear Regulatory Commission (D) is permitted by federal law to give the several states the power to grant licenses to operate nuclear power facilities. D is empowered to grant such licenses on the condition that it prepare an environmental impact statement. D entered into an agreement with the New Mexico Environmental Improvement Agency (NMEIA) permitting it to issue a license. NMEIA issued a license to United Nuclear without preparing an impact statement. The Natural Resources Defense Council (P) sought a declaration that state-granted licenses are the product of major federal action and subject to the state requirement and that an injunction against the issuance of the license be issued. United Nuclear intervened without objection, and on the date, the complaint was filed NMEIA granted a uranium milling license to them. P seeks to enjoin the issuance of the license granted to United Nuclear. Kerr-McGee Nuclear Corporation and others filed motions to intervene. Their motions were denied, and they seek review of the district court’s order denying their motion to intervene as a matter of right or on a permissive basis under Rule 24(a)(2) and (b). They claim interests relating to the property, or transaction and disposition of the action may impede their ability to protect that interest unless intervention is granted. Kerr-McGee and others are potential recipients of licenses to operate uranium mills. The motion was denied in that the interests of the parties would be adequately represented by United Nuclear. They appealed.