NEW JERSEY ENVIRONMENTAL FEDERATION v. U.S. NRC

No. 09-2567.

645 F.3d 220 (2011)

NEW JERSEY ENVIRONMENTAL FEDERATION; Sierra Club; Nuclear Information and Resource Service; New Jersey Public Interest Research Group; Grandmothers, Mothers and More for Energy Safety, Petitioners v. UNITED STATES NUCLEAR REGULATORY COMMISSION; United States of America, Respondents Exelon Generation Company, LLC, Intervenor on behalf of Respondents per Clerk Order of 7/1/09.

United States Court of Appeals, Third Circuit.

Filed: May 18, 2011.


Attorney(s) appearing for the Case

Julia A. LeMense , Kevin J. Pflug , William J. Schulte , Newark, NJ, Richard Webster (Argued), Public Justice, Washington, DC, for Petitioners, New Jersey Environmental Federation; Sierra Club; Nuclear Information and Resource Service; New Jersey Public Interest Research Group.

Julia A. LeMense , Newark, NJ, Richard Webster (Argued), Public Justice, Washington, DC, for Petitioner, Grandmothers, Mothers and More For Energy Safety.

Robert M. Rader , I (Argued), United States Nuclear Regulatory Commission, Rockville, MD, for Respondent, United States Nuclear Regulatory Commission.

John E. Arbab , United States Department of Justice, Environment & Natural Resources Division, Washington, DC, Robert M. Rader , I (Argued), United States Nuclear Regulatory Commission, Rockville, MD, for Respondent, United States of America.

Brad Fagg (Argued), Morgan, Lewis & Bockius, Washington, DC, for Intervenor on Behalf of Respondents, Exelon Generation Company, LLC.

Before: AMBRO and FISHER, Circuit Judges, and SÁNCHEZ, District Judge.


OPINION OF THE COURT

FISHER, Circuit Judge.

New Jersey Environmental Federation, Nuclear Information and Resource Service, New Jersey Public Interest Research Group, New Jersey Chapter of the Sierra Club, and Grandmothers, Mothers and More for Energy Safety (collectively, "Citizens")1 petition for review of three decisions of the Nuclear Regulatory Commission (the "NRC") granting a license...

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