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NEW JERSEY v. U.S. NUCLEAR REGULATORY COM'N

Nos. 06-5140, 07-1559, 07-1756.

526 F.3d 98 (2008)

State of NEW JERSEY, Petitioner v. UNITED STATES NUCLEAR REGULATORY COMMISSION; United States of America, Respondents.

United States Court of Appeals, Third Circuit.

Filed May 21, 2008.

Attorney(s) appearing for the Case

Kenneth W. Elwell, Andrew D. Reese (Argued), Office of Attorney General of New Jersey, Trenton, N.J., Attorneys for Petitioner.

Joseph J. McGovern (Argued), Elena B. Zuares, Parker McCay, Marlton, N.J., Attorneys for Intervenor Petitioner Gloucester County Board.

Charles E. Mullins (Argued), United States Nuclear Regulatory Commission, Rockville, M.D., Kathryn Kovacs, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C., Attorneys for Respondents.

Matias F. Travieso-Diaz (Argued), Pillsbury, Winthrop, Shaw & Pitman, Washington, D.C., Attorney for Intervenor Respondents Shieldalloy Metallurgical Corporation.

Before: SLOVITER, JORDAN and ALARCÓN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The state of New Jersey petitions this court for review of a guidance document issued by the United States Nuclear Regulatory Commission ("NRC") which proposes a long-term control license for facilities that decommission under restricted release regulations but cannot find adequate institutional controls. We will dismiss for lack of jurisdiction.

I.

A company that holds a license from the NRC...

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