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BRODSKY v. U.S. NUCLEAR REGULATORY COM'N

Docket No. 11-2016-cv.

704 F.3d 113 (2013)

Richard L. BRODSKY, New York State Assemblyman, From the 92nd Assembly District, in His Official and Individual Capacities, Westchester's Citizens Awareness Network (Westcan), Sierra Club-Atlantic Chapter (Sierra Club), Plaintiffs-Appellants, Public Health and Sustainable Energy (Phase), Plaintiff, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Defendant-Appellee, Entergy Nuclear Operations, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2013.

Attorney(s) appearing for the Case

Richard L. Brodsky, Esq. , White Plains, NY, for Plaintiffs-Appellants.

Benjamin H. Torrance ( Sarah S. Normand , on the brief), Assistant United States Attorneys, on behalf of Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

Kelly A. Berkell , Office of Assemblywoman Amy R. Paulin , Scarsdale, NY, for Amicus Curiae New York Legislators.

Before: SACK and RAGGI, Circuit Judges, and SWAIN, District Judge.

REENA RAGGI, Circuit Judge:

On September 28, 2007, defendant United States Nuclear Regulatory Commission ("NRC") granted defendant Entergy Nuclear Operations, Inc. ("Entergy"), an exemption from compliance with certain fire safety regulations at its Indian Point nuclear power plant operating unit No. 3 ("Indian Point 3"), located in Westchester County, New York. In December 2007, plaintiffs Richard Brodsky, a former member of the New York State Assembly; the Westchester...

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