BRODSKY v. UNITED STATES NUCLEAR REGULATORY COMMISSION

No. 15-1330-cv.

RICHARD L. BRODSKY, New York State Assemblyman, from the 92nd Assembly District in his official and individual capacities, Plaintiff-Appellant, WESTCHESTER'S CITIZENS' AWARENESS NETWORK (WESTCAN), PUBLIC HEALTH AND SUSTAINABLE ENERGY (PHASE), and SIERRA CLUB — ATLANTIC CHAPTER (SIERRA CLUB), Plaintiffs, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Defendant-Appellee, ENTERGY NUCLEAR OPERATIONS, INC., Defendant-Intervenor

United States Court of Appeals, Second Circuit.

June 2, 2016.


Attorney(s) appearing for the Case

DANIEL J. KRAMER ( Jacqueline P. Rubin , on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York, Appearing for Appellant.

BENJAMIN H. TORRANCE , Assistant United States Attorney ( Sarah S. Normand , Assistant United States Attorney, on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, New York, New York, Appearing for Appellee.

AMY C. ROMA ( Lisa J. Fried , on the brief), Hogan Lovells US LLP, New York, New York, Appearing for Intervenor.

Judith L. Mogul , Morvillo Abramowitz Grand Iason & Anello P.C., New York, New York, For Amici Curiae New York City Council Members.

Susan E. Brune , Brune & Richard LLP, New York, New York, For Amicus Curiae United States Congressman Sean Patrick Maloney.

Ellen C. Ginsberg , Jonathan M. Rund , Nuclear Energy Institute, Inc., Washington, D.C.; David A. Repka , Winston & Strawn LLP, Washington, D.C., For Amicus Curiae Nuclear Energy Institute, Inc.

PRESENT: ROBERT D. SACK, REENA RAGGI, Circuit Judges, LAURA TAYLOR SWAIN, District Judge.


SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE...

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