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BRODSKY v. U.S. NUCLEAR REGULATORY COM'N

Docket No. 08-1454-ag.

578 F.3d 175 (2009)

Richard L. BRODSKY, New York State Assemblyman, from the 92nd Assembly District in his official and individual capacities, Westchester Citizen's Awareness Network (WestCan), Rockland County Conservation Association, Inc. (RCCA), Public Health And Sustainable Energy (Phase), And Sierra Club-Atlantic Chapter (Sierra Club), Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION, Respondent, Entergy Nuclear Operations, Inc., Intervenor.

United States Court of Appeals, Second Circuit.

Decided: August 27, 2009.

Attorney(s) appearing for the Case

Richard L. Brodsky, Albany, NY, for Petitioners.

Robert M. Rader, Senior Attorney, (Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, on the brief), Office of the General Counsel, U.S. Nuclear Regulatory Commission, John Cruden, Acting Assistant Attorney General, Ellen Durkee, Trial Attorney, Appellate Section, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondent.

Michael B. Wallace, (Paul E. Barnes, on the brief), Wise Carter Child & Caraway, P.A., Jackson, MS, for Intervenor.

John J. Sipos, Assistant Attorney General, (Barbara D. Underwood, Solicitor General, Katherine Kennedy, Special Deputy Attorney General, Michelle Aronowitz, Deputy Solicitor General, Janice A. Dean, Assistant Attorney General, Monica Wagner, Assistant Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Amicus Curiae New York State.

Before: JOHN M. WALKER, JR. and WALLACE, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

This case tests the limits of our jurisdiction under the Hobbs Act to review orders of the U.S. Nuclear Regulatory Commission ("NRC" or "Commission"). The NRC is the federal agency that licenses and regulates all nuclear power plants in the United States, including the Indian Point Energy Center ("Indian Point") in Buchanan, NY, operated by Entergy Nuclear Operations, Inc. ("Entergy"). The Atomic Energy Act ("AEA"), which gives...

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