Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.
United States Supreme Court
435 U.S. 519 (1978)
The Natural Resources Defense Council (NRDC) (plaintiff) and others petitioned for review of the Atomic Energy Commission's (defendant) decisions granting licenses to Vermont Yankee Nuclear Power Corporation (defendant) and Consumers Power Corporation (defendant) to operate and construct nuclear power facilities, arguing the Commission's Environmental Impact Statement (EIS) inadequately addressed vaguely proposed energy-conservation alternatives, and that the rulemaking hearings' lack of discovery or cross-examination denied meaningful participation opportunities. The D.C. Circuit found the hearing procedures inadequate and remanded, reasoning that full formal adjudicatory procedures would create a better record and participation opportunity, even though such procedures weren't part of the Commission's existing rulemaking process; the Supreme Court granted certiorari.
Whether (1) reviewing courts are generally allowed to impose additional procedural requirements on administrative agencies' rulemaking processes, and (2) individuals and entities intervening into the decision-making process related to a major federal action pursuant to the National Environmental Policy Act must provide structured and detailed energy conservation alternatives for the agency to review and consider prior to issuing an Environmental Impact Statement.