Legal Opinion

New Jersey Department of Environmental Protection v. United States Nuclear Regulatory Commission

Court of Appeals for the Third Circuit

Decided March 31, 2009No. 07-2271PublishedCited by 11 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

The issue presented by this appeal is whether the Nuclear Regulatory Commission (NRC), when it is reviewing an application to relicense a nuclear power facility, must examine the environmental impact of a hypothetical terrorist attack on that nuclear power facility. The New Jersey Department of Environmental Protection (NJDEP) contends that the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq, requires the analysis of the impact of such an attack. NJDEP has petitioned for review of an NRC decision denying its request to intervene in…

2Cases cited15 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  3. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  4. Kathleen Buck v. The Hampton Township School District Lawrence C. Korchnak, DrCourt of Appeals for the Third Circuit · 2006
  5. Department of Transportation v. Public CitizenSupreme Court of the United States · 2004

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3Cited by11 opinions

  1. Blue Ridge Environmental Defense League v. Nuclear Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2013
  2. Delaware Department of Natural Resources & Environmental Control v. United States Army Corps of EngineersCourt of Appeals for the Third Circuit · 2012
  3. Committee of 100 on the Federal City v. FoxxDistrict Court, District of Columbia · 2015
  4. Tinicum Township v. United States Department of TransportationCourt of Appeals for the Third Circuit · 2012
  5. New York v. United States Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 2009

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