Public Citizen v. Nuclear Reg. Comm., No. 07-71868

In a petition for review of the Nuclear Regulatory Commission's refusal to include the threat of air attacks in its final revised Design Basis Threat rule, the petition is denied where the Commission was not departing from an established standard but is merely elaborating on the interpretation of its own regulation, and its elaboration was not arbitrary or capricious.   

Read Public Citizen v. Nuclear Reg. Comm., No. 07-71868

Appellate Information

Argued and Submitted November 17, 2008

Filed July 24, 2009

Judges

Opinion by Judge Hall

Partial Concurrence and Dissent by Judge Thomas

Counsel

For Petitioner:

Adina H. Rosenbaum, Public Citizen Litigation Group, Washington, DC

For Respondents:

Steven F. Crockett, Special Counsel, Nuclear Regulatory Commission, Washington, DC

Karen D. Cyr, General Counsel, Nuclear Regulatory Commission, Washington, DC