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SAN LUIS OBISPO MOTHERS FOR PEACE v. NRC

No. 08-75058.

635 F.3d 1109 (2011)

SAN LUIS OBISPO MOTHERS FOR PEACE, Petitioner, v. NUCLEAR REGULATORY COMMISSION; United States of America, Respondents, Pacific Gas and Electric Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2011.

Attorney(s) appearing for the Case

Diane Curran , Harmon, Curran, Spielberg & Eisenberg, LLP, Washington, D.C., for the petitioner.

Charles E. Mullins , United States Regulatory Commission, Washington, D.C., for the respondents.

Kathleen M. Sullivan , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, for respondent-intervenor PG & E.

Before: STEPHEN REINHARDT and SIDNEY R. THOMAS, Circuit Judges, and JANE A. RESTANI, Judge.

OPINION

THOMAS, Circuit Judge:

This petition for review asks us to consider whether, in proceedings under the National Environmental Policy Act ("NEPA"), the United States Nuclear Regulatory Commission ("NRC") must share sensitive security information with parties in a "closed" hearing, when that information is exempted from disclosure by the Freedom of Information Act ("FOIA"). The San Luis Obispo Mothers for Peace ("SLOMFP") contends that the NRC's statutory...

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