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.https://leagle.com/images/logo.png
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.
Opinion for the Court filed by Chief Judge SENTELLE.
United States Court of Appeals, District of Columbia Circuit.
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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