New York v. Nuclear Reg. Comm'n, No. 08-3903

In a petition for review of the Nuclear Regulatory Commission's denial of rulemaking petitions filed by Massachusetts and California, the petition is denied where the Commission gave due consideration to the relevant studies, and thus the court was required to defer to their expertise in determining the proper risk level associated with the storage of nuclear material in spent fuel pools.

Read New York v. Nuclear Reg. Comm'n, No. 08-3903

Appellate Information

Argued: October 23, 2009

Decided: December 21, 2009

Judges

Per Curiam

Counsel

For Petitioners:

John J. Sipos, Monica Wagner, Andrew M. Cuomo and Barbara D. Underwood, State of New York, Albany, NY

Matthew Brock and Martha Coakley, Commonwealth of Massachusetts, Boston, MA

For Respondent:

James E. Adler, Stephen G. Burns, John F. Cordes, Jr. and Sean D. Croston, U.S. Nuclear Regulatory Commission, Washington, DC