Nos. 12-1404, 12-1772.

708 F.3d 63 (2013)

Commonwealth of MASSACHUSETTS, Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION; the United States of America, Respondents, Entergy Nuclear Operations, Inc.; Entergy Nuclear Generation Company, Intervenors.

United States Court of Appeals, First Circuit.

February 25, 2013.

Attorney(s) appearing for the Case

Matthew Brock , Assistant Attorney General, Office of the Attorney General, Environmental Protection Division, with whom Martha Coakley , Attorney General, was on brief, for petitioner.

James E. Adler , Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, with whom Ignacia S. Moreno , Assistant Attorney General, J. David Gutner II , Attorney, Appellate Section, Environmental and Natural Resources Division, U.S. Department of Justice, Marian L. Zobler, Acting General Counsel, John F. Cordes, Jr. , Solicitor, and Lauren Woodall , Attorney, Office of General Counsel, U.S. Nuclear Regulatory Commission, were on brief, for respondents.

Kevin P. Martin , with whom Elise N. Zoli , Goodwin Procter LLP, David R. Lewis , Paul A. Gaukler , Timothy J.V. Walsh , and Pillsbury Winthrop Shaw Pittman LLP, were on brief, for intervenors Entergy Nuclear Operations, Inc. and Entergy Nuclear Generation Company.

Before LYNCH, Chief Judge, TORRUELLA, Circuit Judge, and DiCLERICO, District Judge.

LYNCH, Chief Judge.

The Commonwealth of Massachusetts petitions for review from the Nuclear Regulatory Commission's ("NRC" or "Commission") March 8, 2012 order denying the Commonwealth's petition for review of the Atomic Safety and Licensing Board's ("ASLB") denial of Massachusetts's motion to admit a new contention, and other related requests (12-1404). The NRC rejected the Commonwealth's claims that the environmental findings in the environmental impact statement...


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