SHIELDALLOY METALLURGICAL v. NUCLEAR REGULATORY

No. 13-1259.

768 F.3d 1205 (2014)

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.

Decided October 14, 2014.


Attorney(s) appearing for the Case

Jay E. Silberg argued the cause for petitioner. With him on the briefs were Matias F. Travieso-Diaz , Stephen L. Markus , and Alison M. Crane.

Andrew P. Averbach , Solicitor, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, U.S. Department of Justice, Lane N. McFadden , Attorney, and Grace H. Kim , Senior Attorney, U.S. Nuclear Regulatory Commission.

Andrew D. Reese argued the cause and filed the brief for intervenor State of New Jersey.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.


SENTELLE, Senior Circuit Judge.

Shieldalloy Metallurgical Corporation petitions for review of a Nuclear Regulatory Commission ("NRC" or "Commission") order reinstating the transfer of regulatory authority to the State of New Jersey under the Atomic Energy Act, 42 U.S.C. § 2021. The NRC issued the order under review, Shieldalloy Metallurgical Corp., CLI-13-06, 78 NRC ___ (Aug. 5, 2013) ("Order"), to address concerns raised by this Court in Shieldalloy...

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