FOOTE v. MONIZ

No. 13-5093.

751 F.3d 656 (2014)

Ronnie FOOTE, Appellant v. Ernest MONIZ, Secretary of Energy, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 2014.


Attorney(s) appearing for the Case

Ronnie Foote, appearing pro se, argued the cause and filed the briefs for appellant.

Charles W. Scarborough , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Marleigh D. Dover , Attorney, U.S. Department of Justice.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


KAVANAUGH, Circuit Judge:

In order to protect national security, the Department of Energy's Human Reliability Program carefully evaluates employment applicants for certain positions, such as those where the employees would have access to nuclear devices, materials, or facilities. A limited number of positions fall into that category and require certification under this Program. See 10 C.F.R. § 712.10. To obtain certification, applicants must meet a range...

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