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Calvert Cliffs Coordinating Committee v. U.S. Atomic Energy Commission | 449 F.2d 1109 (1971)
The National Environmental Protection Act, or NEPA, went into effect in nineteen seventy. Shortly thereafter, an environmental group worried about the impact of a new nuclear power plant sued to clarify the role of environmental-impact statements in Calvert Cliffs Coordinating Committee versus United States Atomic Energy Commission.
Section One Oh One of NEPA required the federal government to, quote, “use all practicable measures,” unquote, to protect the environment. Agencies considering applications for construction permits were directed to prepare detailed statements of environmental impacts and possible alternative measures that might reduce environmental damage.
The Atomic Energy Commission proposed a set of rules that it would use to review applications for construction permits for new nuclear power plants, which included requiring applicants to submit their own environmental-impact analyses.
The Calvert Cliffs nuclear power plant had already received a construction permit without any consideration of environmental issues, but it had yet to receive an operating license.
The citizens’ group Calvert Cliffs Coordinating Committee was worried about the impact of this plant on the Chesapeake Bay ecosystem. It challenged the commission’s proposed rules, arguing that they didn’t require the commission to do a sufficiently detailed environmental analysis and wouldn’t protect the environment. The United States Court of Appeals for the District of Columbia Circuit granted review.
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