NEW YORK v. NUCLEAR REGULATORY COM'N

Nos. 11-1045, 11-1051, 11-1056, 11-1057.

681 F.3d 471 (2012)

State of NEW YORK, et al., Petitioners v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents. State of New Jersey, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2012.


Attorney(s) appearing for the Case

Monica Wagner , Deputy Bureau Chief, Office of the Attorney General for the State of New York, argued the cause for petitioners States and Prairie Island Indian Community Petitioners. With her on the briefs were Eric T. Schneiderman , Attorney General, Office of the Attorney General for the State of New York, John J. Sipos and Janice A. Dean , Assistant Attorneys General, Barbara D. Underwood , Solicitor General, Brian A. Sutherland , Assistant Solicitor General of Counsel, Jeffrey S. Chiesa , Attorney General, Office of the Attorney General for the State of New Jersey, Kevin P. Auerbacher , Assistant Attorney General, Ruth E. Musetto , Deputy Attorney General, William H. Sorrell , Attorney General, Office of the Attorney General for the State of Vermont, Thea Schwartz , Assistant Attorney General, George Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, Robert Snook , Assistant Attorney General, and Joseph F. Halloran.

Geoffrey H. Fettus argued the cause for petitioners the Environmental Groups. With him on the briefs were Andres J. Restrepo and Diane Curran.

Robert M. Rader , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were John E. Arbab , Attorney, U.S. Department of Justice, Stephen G. Burns , General Counsel, U.S. Nuclear Regulatory Commission, and John F. Cordes Jr. , Solicitor.

David A. Repka argued the cause for intervenors Nuclear Energy Institute, et al., in support of respondents. With him on the brief were Brad Fagg and Jerry Bonanno.   Anne W. Cottingham entered an appearance.

Opinion for the Court filed by Chief Judge SENTELLE.


SENTELLE, Chief Judge:

Four states, an Indian community, and a number of environmental groups petition this Court for review of a Nuclear Regulatory Commission ("NRC" or "Commission") rulemaking regarding temporary storage and permanent disposal of nuclear waste. We hold that the rulemaking at issue here constitutes a major federal action necessitating either an environmental impact statement or a finding of no significant environmental impact. We further hold that...

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