NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION; Amergen Energy Company, LLC, Respondent.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued on December 10, 2008.
Opinion filed March 31, 2009.
Attorney(s) appearing for the Case
Anne Milgram, Esquire, Attorney General of New Jersey, Nancy Kaplen, Esquire, Assistant Attorney General of Counsel, Ellen B. Balint, Esquire, Eileen P. Kelly, Esquire (Argued), Valerie Anne Gray, Esquire, John A. Covino, Esquire, Deputy Attorney Generals, R.J. Hughes Justice Complex, Trenton, NJ, for Petitioner New Jersey Department of Environmental Protection.
Ronald J. Tenpas, Esquire, Assistant Attorney General, Karen D. Cyr, Esquire, General Counsel, John F. Cordes, Jr., Esquire (Argued), Solicitor, Charles E. Mullins, Esquire, Senior Attorney, E. Leo Slaggie, Esquire, Deputy Solicitor, U.S. Nuclear Regulatory Commission, Rockville, MD, Tamara N. Rountree, Esquire, Environment & Natural Resources Division, Washington, D.C., for Respondent Nuclear Regulatory Commission.
J. Bradley Fewell, Esquire, Associate General Counsel, Exelon Business Services Company, Brad Fagg, Esquire (Argued), Kathryn M. Sutton, Esquire, Martin J. O'Neill, Esquire, Morgan, Lewis & Bockius, LLP, Washington, D.C., for Private Respondent AmerGen Energy Company, L.L.C.
Ellen C. Ginsberg, Esquire, Michael A. Bauser, Esquire, Anne W. Cottingham, Esquire, Nuclear Energy Institute, Inc., Washington, D.C., for Amicus Curiae Nuclear Energy Institute, Inc. for Respondent Nuclear Regulatory Commission.
Before: McKEE, SMITH and ROTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION
ROTH, Circuit Judge:
The issue presented by this appeal is whether the Nuclear Regulatory Commission (NRC), when it is reviewing an application to relicense a nuclear power facility, must examine the environmental impact of a hypothetical terrorist attack on that nuclear power facility. The New Jersey Department of Environmental Protection (NJDEP) contends that the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
