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Supreme Court of the United States - 435 U.S. 519
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The Atomic Energy Commission's decisions were remanded by the Court of Appeals for the District of Columbia Circuit, as the environmental impact was ignored in individual licensing proceedings due to the absence of effective rulemaking. Energy conservation was not considered as an alternative in the environmental impact statement for the construction of the Midland reactors, making it unacceptable, according to the court. The Supreme Court found the Court of Appeals' decision to be incorrect, clarifying that the Commission's "threshold test" did not impose significant substantive obligations on intervenors. The court's role in evaluating an agency's consideration of environmental factors is restricted by the timing of the decision and the law requiring review.
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