Rulemaking Procedures. The Atomic Energy Commission (AEC) was engaged in rule-making proceedings for nuclear reactor safety. An environmental group sued the commission, arguing that its proceedings were inadequate. The commission had carefully complied

Question

with all requirements of the Administrative Procedure Act. The environmentalists argued, however, that the very hazardous and technical nature of the reactor safety issue required elaborate proce-dures above and beyond those set forth in the act. A federal court of appeals agreed and over-turned the AEC rules. The commission appealed the case to the United States Supreme Court. How should the Court rule? Discuss.

Answer 1

Rulemaking procedures
The United States Supreme Court ruled in favor of the Atomic Energy Commission. The Congress has set forth detailed procedural requirements in the Administrative Procedure Act. Courts may not go beyond these procedures and require agencies to conform to a new set of requirements. Courts may only enforce the statutory law, and Congress intended that the discretion of the agencies themselves should be used in determining when additional procedures should be employed in difficult cases.