CITIZENS AWARENESS NETWORK, INC. v. U.S.

Nos. 04-1145, 04-1359.

391 F.3d 338 (2004)

CITIZENS AWARENESS NETWORK, INC., Petitioner, and National Whistleblower Center et al., Intervenors, v. UNITED STATES of America and United States Nuclear Regulatory Commission, Respondents, and Nuclear Energy Institute, Inc., Intervenor. Public Citizen Critical Mass Energy and Environment Program et al., Petitioners, v. United States of America and United States Nuclear Regulatory Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided December 10, 2004.


Attorney(s) appearing for the Case

Jonathan Mark Block for petitioner Citizens Awareness Network.

Stephen M. Kohn on brief for intervenors National Whistleblower Center and Committee for Safety at Plant Zion.

Michael T. Kirkpatrick, with whom Bonnie I. Robin-Vergeer and Scott L. Nelson were on brief, for petitioners Public Citizen Critical Mass Energy and Environment Program and Nuclear Information and Resource Service.

Thomas F. Reilly, Attorney General (Massachusetts), and Nora J. Chorover, Assistant Attorney General (Massachusetts), on brief for Massachusetts, California, Connecticut, New Hampshire, and New York, amici curiae.

Steven F. Crockett, Special Counsel, United States Nuclear Regulatory Commission, with whom Thomas L. Sansonetti, Assistant Attorney General, Greer S. Goldman and Lisa E. Jones, Attorneys, Environment and Natural Resources Division, United States Department of Justice, Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, and Shelly D. Cole, Attorney, United States Nuclear Regulatory Commission, were on brief, for respondents.

Ellen C. Ginsberg, with whom Robert W. Bishop and Michael A. Bauser were on brief, for intervenor Nuclear Energy Institute, Inc.

Before SELYA, LIPEZ and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

Disenchanted with its existing procedural framework for the conduct of adjudicatory hearings, the Nuclear Regulatory Commission (NRC or Commission) promulgated new rules designed to make its hearing processes more efficient. These new rules greatly reduce the level of formality in reactor licensing proceedings but, at the same time, place certain unaccustomed restrictions upon the parties. The petitioners and petitioner-intervenors are public...

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