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This 3-page paper examines the Supreme Court ruling, which deals with the courts' rulings over governmental agency issues. Bibliography lists 1 source.
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3 pages (~225 words per page)
File: AS43_MTvermyank.rtf
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these power plants either melting down or exploding, spewing tons of radioactivity into the atmosphere. However, the case of Vermont Yankee Nuclear Power
Corp. v. Natural Resources Defense Council, which made it all the way to the Supreme Court of the United States, didnt have much to do with actual safety issues, as
much as it focused on how such safety issues are decided. The case came to the Supreme Court from the Court of
Appeals for the District of Columbia Circuit. In the case, the appellate court remanded a decision of the Atomic Energy Commission to grant a license to petitioner Vermont Yankee Nuclear
Power Corp. to operate a nuclear power plant. The reason was because, at the time, there were little, if any, rulemaking procedures when it came to the environmental impact
of fuel reprocessing and disposing when it came to licensing. The court struck down the petition on the grounds that the environmental issue had not been dealt with at
the time (though the Atomic Energy Commission had rectified that in later years). This, despite the fact that its improper for a reviewing court to prescribe procedural format for an
agency to follow. The court didnt actually order the agency to follow specific procedures, however, the "mandate of the courts decision is that the procedures afford during the hearings
were inadequate," reads the final opinion. In the decision, Justice William Rehnquist wrote in his opinion that Congress had enacted the Administrative Procedure
Act (APA), which pointed out that governmental agencies were allowed to make their own procedures, with any of those changes in procedures subject to a somewhat long and arduous process.
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