· 5/23/1973
Laurence Gage v. United States Atomic Energy Commission and United States of America Commonwealth Edison Company, Intervenor
Citations
- 479 F.2d 1214
- 156 U.S. App. D.C. 231
- 3 Envtl. L. Rep. (Envtl. Law Inst.) 20479
- 5 ERC (BNA) 1402
- 1973 U.S. App. LEXIS 9803
- 5 ERC 1402
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the court lacked jurisdiction to review an Atomic Energy Commission order because the petitioner had “refrained from participating in the appropriate and available administrative procedure”
- \We hold that petitioners have come to the wrong forum with an inappropriate claim in search of an unavailable remedy.\
- court had no jurisdiction to hear challenges to regulations since petitioners were not parties to rulemaking proceedings
- petitioner who refrained from participating in rule-making proceeding before Atomic Energy Commission lacks standing under 28 U.S.C. § 2344(4) to challenge resulting rule
- “We hold that petitioners have come to the wrong forum with an inappropriate claim in search of an unavailable remedy.”
- “The ‘party’ status requirement operates to preclude direct appel- late court review without a record which at least resulted from the fact- finder’s focus on the alternative regulatory provisions which petitioners pro- pose.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tamm, Wilkey, Jameson, Montana
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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