Legal Opinion
Brodsky v. U.S. Nuclear Regulatory Commission
Court of Appeals for the Second Circuit
Decided August 27, 2009No. Docket No. 08-1454-agPublishedCited by 12 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
This case tests the limits of our jurisdiction under the Hobbs Act to review orders of the U.S. Nuclear Regulatory Commission (“NRC” or “Commission”). The NRC is the federal agency that licenses and regulates all nuclear power plants in the United States, including the Indian Point Energy Center (“Indian Point”) in Buchanan, NY, operated by Entergy Nuclear Operations, Inc. (“Entergy”). The Atomic Energy Act (“AEA”), which gives the NRC its authority, requires the Commission to hold hearings before taking certain actions, such as granting or amending a…
2Cases cited14 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Auer v. RobbinsSupreme Court of the United States · 1997
- Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
- Federal Express Corp. v. HoloweckiSupreme Court of the United States · 2008
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3Cited by12 opinions
- Greenwich Financial Services Distressed Mortgage Fund 3 LLC v. Countrywide Financial Corp.Court of Appeals for the Second Circuit · 2010
- Fiero v. Financial Industry Regulatory Authority, Inc.Court of Appeals for the Second Circuit · 2011
- Entergy Nuclear Vermont Yankee, LLC v. ShumlinCourt of Appeals for the Second Circuit · 2013
- Brodsky v. United States Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 2013
- Public Watchdogs v. Southern California Edison Co.Court of Appeals for the Ninth Circuit · 2020
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