NRDC v. U.S. NRC

No. 14-1225.

823 F.3d 641 (2016)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. Exelon Generation Company, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 2016.


Attorney(s) appearing for the Case

Howard M. Crystal argued the cause for petitioner. With him on the briefs were Eric R. Glitzenstein and Geoffrey H. Fettus.

James E. Adler , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were John C. Cruden , Assistant Attorney General, U.S. Department of Justice, John E. Arbab , Attorney, and Andrew P. Averbach , Solicitor, U.S. Nuclear Regulatory Commission.

Brad Fagg argued the cause and filed the brief for intervenor Exelon Generation Company, LLC.

Opinion for the Court filed by Circuit Judge BROWN.


National Resources Defense Council (NRDC) challenges the Nuclear Regulatory Commission's (NRC's) denial of NRDC's request for a hearing and subsequent application for a waiver, asserting this process was inconsistent with the procedural rigor mandated by the National Environmental Policy Act (NEPA). The denial thwarted NRDC...

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