Legal Opinion
New York v. United States Nuclear Regulatory Commission
Court of Appeals for the Second Circuit
Decided December 21, 2009No. Docket 08-3903-ag(L), 08-4833-ag(con), 08-5571-ag(con)PublishedCited by 12 opinions
1Per curiam
The States of New York and Connecticut and the Commonwealth of Massachu setts (collectively the “States”) petition for review of a decision of the Nuclear Regulatory Commission (“NRC”) denying rule-making petitions filed by Massachusetts and California. As the NRC has given due consideration to the relevant studies, we must defer to their expertise in determining the proper risk level associated with the storage of nuclear material in spent fuel pools, and therefore deny the petition for review.
I
Two States filed rulemaking petitions (Massachusetts in 2006, and California in 2007) asking the…
2Cases cited7 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Massachusetts v. Environmental Protection AgencySupreme Court of the United States · 2007
- American Horse Protection Association, Inc. v. Richard E. Lyng, Secretary, U.S. Department of AgricultureCourt of Appeals for the D.C. Circuit · 1987
- Federal Power Commission v. Florida Power & Light Co.Supreme Court of the United States · 1972
- Emr Network v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 2005
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3Cited by12 opinions
- Safari Club International v. Ryan ZinkeCourt of Appeals for the D.C. Circuit · 2017
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- Gulf Restoration Network v. Gina McCarthyCourt of Appeals for the Fifth Circuit · 2015
- Commonwealth of Massachusetts v. US Nuclear Regulatory CommissiCourt of Appeals for the First Circuit · 2013
- New Jersey Environmental Federation v. United States Nuclear Regulatory CommissionCourt of Appeals for the Third Circuit · 2011
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