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

No. 14-1210 Consolidated with 14-1212, 14-1216, 14-1217.

824 F.3d 1012 (2016)

STATE of New York, et al., Petitioners v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents Commonwealth of Massachusetts, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2016.

Attorney(s) appearing for the Case

Andrew W. Amend , Senior Assistant Solicitor General, Office of the Attorney General for the State of New York, argued the cause for petitioners State of New York, et al. With him on the briefs were Eric T. Schneiderman , Attorney General, John J. Sipos , Kathryn M. DeLuca , Laura E. Heslin , Assistant Attorneys General, Barbara D. Underwood , Solicitor General, Anisha S. Dasgupta , Deputy Solicitor General, Monica Wagner , Deputy Bureau Chief, Maura Healy , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Seth Schofield , Assistant Attorney General, Joseph F. Halloran , George Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, Robert D. Snook , Assistant Attorney General, William H. Sorrell , Attorney General, Office of the Attorney General for the State of Vermont, and Kyle H. Landis-Marinello , Assistant Attorney General. Melissa A. Hoffer , Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, entered an appearance.

Kevin W. Bell was on the brief for amicus curiae The California State Energy Resources Conservation and Development Commission in support of petitioners State of New York, et al.

Geoffrey H. Fettus argued the cause for petitioners Natural Resources Defense Council, Inc., et al. With him on the briefs were Diane Curran , Washington, DC, and Mindy Goldstein.

Wallace L. Taylor , Cedar Rapids, IA, was on the brief for amicus curiae Sierra Club in support of petitioners.

Andrew P. Averbach , Solicitor, U.S. Nuclear Regulatory Commission, argued the cause for federal respondents. With him on the brief were John C. Cruden , Assistant Attorney General, U.S. Department of Justice, John E. Arbab , Attorney, Robert M. Rader , Senior Attorney, U.S. Nuclear Regulatory Commission, and Michelle D. Albert , Attorney. Charles E. Mullins , Senior Attorney, entered an appearance.

David A. Repka , Washington, DC, argued the cause for intervenor-respondents. With him on the brief were Ellen C. Ginsberg , Jonathan M. Rund , Brad Fagg , Jay E. Silberg , and Kimberly A. Harshaw , Washington, D.C.

Before: KAVANAUGH, Circuit Judge, and EDWARDS and SENTELLE, Senior Circuit Judges.

Several states, a Native American community, and numerous environmental organizations have filed petitions for review of a rule and generic environmental impact statement promulgated by the Nuclear Regulatory Commission (the "NRC"), concerning the continued, and possibly indefinite, storage of spent fuel from nuclear...

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