San Luis Obispo Mothers for Peace v. U.S. Nuclear Regulatory Com'n, 84-1410

Decision Date01 May 1985
Docket NumberNo. 84-1410,84-1410
Citation760 F.2d 1320
PartiesSAN LUIS OBISPO MOTHERS FOR PEACE, et al. v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America.
CourtU.S. Court of Appeals — District of Columbia Circuit

Before ROBINSON, Chief Judge, and WRIGHT, TAMM, WALD, MIKVA, EDWARDS, GINSBURG, BORK, SCALIA and STARR, Circuit Judges.

ORDER

PER CURIAM.

Upon consideration of petitioners' motion for leave to file exhibits in support of the suggestion for rehearing en banc, the responses thereto, and of the suggestion for rehearing en banc, it is

ORDERED, by the Court en banc, that the motion for leave to file exhibits is granted, and it is

FURTHER ORDERED, by the Court en banc, that petitioners' suggestion for rehearing en banc is granted in part, and it is

FURTHER ORDERED, by the Court en banc, that only Section III.B of the Court's opinion, 751 F.2d 1287 and the corresponding part of the judgment of the Court, issued on December 31, 1984, are hereby vacated, and it is

FURTHER ORDERED, by the Court en banc, that the full power operating license remains in effect and is not stayed pending the rehearing en banc.

BORK, Circuit Judge would deny the motion for leave to file exhibits in support of the suggestion and would deny the suggestion.

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29 cases
  • Portland Audubon Soc. v. Endangered Species Committee
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 1 Abril 1993
    ...Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Comm'n, 751 F.2d 1287 (D.C.Cir.1984), vacated in part, 760 F.2d 1320, 1321 (D.C.Cir.1985) (en banc), is also unavailing. There, the petitioners moved to supplement the record with predecisional transcripts and related documen......
  • Marathon Oil Co. v. Lujan
    • United States
    • U.S. District Court — District of Colorado
    • 20 Junio 1990
    ...v. Peterson, 685 F.2d 678, 685 (D.C.Cir.1982), vacated in part on reh'g en banc sub nom., San Luis Obispo Mothers for Peace v. United States Nuclear Reg. Comm'n, 760 F.2d 1320 (D.C.Cir. 1985), cert. denied, 479 U.S. 923, 107 S.Ct. 330, 93 L.Ed.2d 302 (1986). Under the APA, "administrative a......
  • United Space Alliance, LLC v. Solis
    • United States
    • U.S. District Court — District of Columbia
    • 14 Noviembre 2011
    ...Cir. 1992) (quoting San Luis Obispo Mothers for Peace v. NRC, 751 F.2d 1287, 1327 (D.C. Cir. 1984), vacated in another part, 760 F.2d 1320 (D.C. Cir. 1985) (en banc), and aff'd, 789 F.2d 26 (D.C. Cir. 1986) (en banc)). As these cases suggest, the APA requirement of review on "the whole reco......
  • National Corn Growers Ass'n v. Baker
    • United States
    • U.S. Court of International Trade
    • 22 Mayo 1986
    ...Luis Obispo Mothers for Peace v. NRC, 751 F.2d 1287, 1323-29 (D.C.Cir.1984), vacated in part on another ground on reh'g en banc, 760 F.2d 1320 (D.C.Cir.1985); Star-Kist Foods, Inc. v. United States, 8 CIT 305 (1984). The court therefore denied plaintiffs' motion as to the documents10, and, ......
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