SHIELDALLOY METALLURGICAL CORPORATION, Petitioner
v.
NUCLEAR REGULATORY COMMISSION and United States of America, Respondents.
State of New Jersey, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Grace H. Kim , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With her on the brief were Lane N. McFadden , Attorney, U.S. Department of Justice, and John F. Cordes, Jr. , Solicitor, U.S. Nuclear Regulatory Commission.
Andrew D. Reese , Deputy Attorney General, Office of the Attorney General for the State of New Jersey, argued the cause and filed the brief for intervenor.
Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.
United States Court of Appeals, District of Columbia Circuit.
WILLIAMS, Senior Circuit Judge.
This case arises from our remand in Shieldalloy Metallurgical Corp. v. NRC,624 F.3d 489 (D.C.Cir.2010). It concerns, above all, an important question of public safety that demands great clarity and precision, neither of which the agency has supplied: What rules govern the means by which the owner of a licensed nuclear facility may decommission that facility and dispose of its radioactive materials...
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