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RIVERKEEPER, INC. v. COLLINS

Docket No. 03-4313.

359 F.3d 156 (2004)

RIVERKEEPER, INC., Petitioner, v. Samuel J. COLLINS, Director, Office of Nuclear Reactor Regulation, Dr. William Travers, United States Nuclear Regulatory Commission, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided: February 24, 2004.

Attorney(s) appearing for the Case

Karl S. Coplan, Pace Environmental Litigation Clinic, Inc. (Nicolette Witcher, Paula Butler, and Jason C. D'Ambrosio, on the brief), White Plains, NY, for Petitioner.

Jared K. Heck, Attorney, U.S. Nuclear Regulatory Commission (Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, Thomas L. Sansonetti, Assistant Attorney General, U.S. Department of Justice, and John T. Stahr, Attorney, U.S. Department of Justice, on the brief), Washington, DC, for Respondents Samuel J. Collins, Dr. William Travers, and United States Nuclear Regulatory Commission.

Jay E. Silberg, Shaw Pittman LLP (Matias F. Travieso-Diaz, Blake J. Nelson, and John M. Fulton, on the brief), Washington, DC, for Respondents Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.

Robert D. Snook, Assistant Attorney General of Connecticut (Richard Blumenthal, Attorney General of Connecticut, on the brief), Hartford, CT, for Amicus Curiae Richard Blumenthal.

Before: VAN GRAAFEILAND, SACK, and RAGGI, Circuit Judges.

SACK, Circuit Judge.

In the wake of the September 11, 2001, terrorist attacks on New York City and Arlington, Virginia, the petitioner, Riverkeeper, Inc., ("Riverkeeper") requested that the respondent United States Nuclear Regulatory Commission (the "NRC" or the "Commission") condition the license of the respondent Entergy Nuclear Operations, Inc., ("Entergy") to operate, through respondents Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3,...

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