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OHIO NUCLEAR-FREE NETWORK v. U.S. NUCLEAR REGULATORY COMMISSION

No. 21-1162.

53 F.4th 236 (2022)

OHIO NUCLEAR-FREE NETWORK and Beyond Nuclear, Petitioners v. U.S. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents American Centrifuge Operating, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2022.

Attorney(s) appearing for the Case

Terry J. Lodge argued the cause for petitioners. With him on the briefs was Wallace L. Taylor.

Eric V. Michel, Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondents. With him on the brief were Todd Kim, Assistant Attorney General, U.S. Department of Justice, Justin D. Heminger, Attorney, and Andrew P. Averbach, Solicitor, U.S. Nuclear Regulatory Commission.

Brad Fagg argued the cause for intervenor American Centrifuge Operating, LLC in support of respondent.

Before: Srinivasan, Chief Judge, Henderson, Circuit Judge, and Edwards, Senior Circuit Judge.

Ohio Nuclear-Free Network (Ohio Nuclear) and Beyond Nuclear petition for review of a decision of the Nuclear Regulatory Commission (NRC, Commission), issuing an amended materials license to American Centrifuge Operating, LLC (American Centrifuge). The amended license authorizes American Centrifuge to produce...

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