New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission

561 F.3d 132 (2009)

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New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission

United States Court of Appeals for the Third Circuit
561 F.3d 132 (2009)

  • Written by Robert Cane, JD

Facts

The Nuclear Regulatory Commission (NRC) (defendant) received a request to intervene by the New Jersey Department of Environmental Protection (NJDEP) (plaintiff) in the NRC’s relicensing proceeding for the Oyster Creek Nuclear Generating Station (Oyster Creek). NJDEP contended that the National Environmental Policy Act (NEPA) required analysis of the environmental impact of a hypothetical terrorist attack via aircraft on Oyster Creek. The NRC found that terrorist attacks were too far removed from the consequences of the relicensing of Oyster Creek to warrant additional review of the potential environmental impacts. Further, the NRC had already addressed the environmental impacts of a potential terrorist attack at Oyster Creek in a generic environmental-impact statement (EIS) and a site-specific supplemental EIS. The NRC determined that the environmental impact of a terrorist attack would not differ from the impacts of an adverse event borne of internal causes and denied NJDEP’s request to intervene. NJDEP filed a petition for review of the NRC decision denying its request to intervene in the United States Court of Appeals for the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (Roth, J.)

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