PUBLIC CITIZEN; San Luis Obispo Mothers for Peace, Petitioners,
v.
NUCLEAR REGULATORY COMMISSION, Respondent.
State of New York, Petitioner,
v.
Nuclear Regulatory Commission; United States of America, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 17, 2008.
Filed July 24, 2009.
Attorney(s) appearing for the Case
Adina H. Rosenbaum, Public Citizen Litigation Group, Washington, D.C., for the petitioners.
John J. Sipos, Assistant Attorney General, Albany, NY, for the petitioner.
Steven F. Crockett, Special Counsel, Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Solicitor, United States Nuclear Regulatory Commission, Washington, D.C.; Ronald J. Tenpas, Assistant Attorney General, Ronald M. Spritzer, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for the respondents.
David A. Repka, Winston & Strawn, Washington, D.C., for the intervenor-respondent.
Brian Hembacher, Deputy Attorney General, State of California, Los Angeles, CA, for the amici curiae.
Partial Concurrence and Partial Dissent by Judge THOMAS.
United States Court of Appeals, Ninth Circuit.
HALL, Senior Circuit Judge:
Petitioners Public Citizen, Inc., San Luis Obispo Mothers For Peace, the State of New York,1 and amicus State of California ("Petitioners") challenge the Nuclear Regulatory Commission's ("NRC" or "Commission") modification of the Design Basis Threat ("DBT") rule and partial denial of the Committee to Bridge the Gap's ("CBG") petition for rulemaking. Petitioners claim the Commission acted arbitrarily
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