The State of NEW YORK; Richard Blumenthal, Attorney General of Connecticut; and the Commonwealth of Massachusetts, Petitioners, and
The State of Vermont and the Vermont Department of Public Services, Intervenor-Petitioners,
v.
UNITED STATES NUCLEAR REGULATORY COMMISSION; and the United States of America, Respondents, and
Entergy Nuclear Operations Inc., et al., Intervenor-Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: October 23, 2009.
Decided: December 21, 2009.
Attorney(s) appearing for the Case
John J. Sipos (Monica Wagner, Andrew M. Cuomo, Barbara D. Underwood, Benjamin N. Gutman, Katherine Kennedy, Janice A. Dean on the brief), State of New York, Albany, NY; Matthew Brock, Martha Coakley, Commonwealth of Massachusetts, Boston, MA; Richard Blumenthal, Robert D. Snook, State of Connecticut, Hartford, CT, for Petitioners.
James E. Adler (Stephen G. Burns, John F. Cordes, Jr., Sean D. Croston on the brief), U.S. Nuclear Regulatory Commission, Washington, DC; John E. Arbab, John C. Cruden, Department of Justice, Washington, DC, for Respondents.
David R. Lewis, Pillsbury Winthrop, Washington, DC; Catherine E. Stetson (Jessica L. Ellsworth on the brief), Hogan & Hartson LLP, Washington, DC; William C. Dennis, Entergy Nuclear Operations Inc., White Plains, NY, for Intervenor-Respondents.
Jerry Bonanno, Ellen C. Ginsberg, Michael A. Bauser, Anne W. Cottingham, Counsel for Nuclear Energy Institute, Inc., Washington, DC, for Amicus Curiae Nuclear Energy Institute, Inc. in support of Federal Respondents, Intervenor-Respondents, and Affirmance.
Edmund G. Brown, Jr., Ken Alex, Gordon Burns, Susan Durbin, Brian W. Hembacher, Attorneys for State of California, Los Angeles, CA, for Amicus Curiae State of California, ex rel. Edmund G. Brown, Jr., Attorney General, in support of Petitioners.
Before: JACOBS, Chief Judge, KEARSE, Circuit Judge, and GARDEPHE, District Judge.
United States Court of Appeals, Second Circuit.
PER CURIAM.
The States of New York and Connecticut and the Commonwealth of Massachusetts (collectively the "States") petition for review of a decision of the Nuclear Regulatory Commission ("NRC") denying rulemaking petitions filed by Massachusetts and California. As the NRC has given due consideration to the relevant studies, we must defer to their expertise in determining the proper risk level associated with the storage...
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