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UNITED STATES

ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

WASHINGTON, D.C. 20545

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December 2, 1975

ot. US DOE ARCHIVES

326 U.S. ATOMIC ENERGY

Honorable Peter R. Taft

RG_.——s—sCOMMISSION

Land and Natural Resources Division

Collection Dos

Assistant Attorney General

ATTN: Floyd L. France, Chief,
' General Litigation Section

U. S. Department of Justice
Washington, D. C. 20530

Box

Folder #

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Dear Mr. Taft:

THE PEOPLE OF BIKINI, ET AL. V. SEAMANS, ET AL., Civil No. 75-348,
U.S.D.C., D. Hawaii (Fle: 90-1-4-1204) — ~C.

This ts in response to your October 20, 1975 request for a complete

litigation report on this action insofar as the activities of the

Energy Research and Development Administration (ERDA) are concerned.

The principal thrust of this report is to provide information which
may be used in the preparation of an answer to the amended complaint.
We understand that the answer is to be filed on December 12, 1975.
We are not including, at this time, any affidavit for use in opposing

‘the request for preliminary injunction (to be heard January 30, 1976)
because of the likelihood that plaintiffs may again change the exact

nature of their demand for relief. We will, of course, provide
appropriate affidavits in advance of the January 30 hearing.
Department of the Interior and ERDA staff members are currently

working on a joint presentation to be made to the Office of Manaaerent
and Budget regarding the question of funding for the proposed serial

radiological survey.
this matter.

We will keep you informed of the status of
”

Enclosure 1 to this letter is a paragraph-by-paragraph statement of

ERDA's position in response to the amended complaint.

Where another

defendant agency has a more direct concern, we have deferred to the

views of that agency, even though we may have no reason to doubt the
accuracy of the allegation.

Similarly, we have recommended denial

of several of the plaintiffs' allegations for lack of knowledse or
Information sufficient to form a belief as to the truth of the

allegation, even though we have no reason to doubt that the particular
allegations may be generally accurate.
Wherever we are aware of

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