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Ohio Citizens for Responsible Energy, Inc. v. Nuclear Regulatory Commission

479 U.S. 1312 (1986)

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Ohio Citizens for Responsible Energy, Inc. v. Nuclear Regulatory Commission

United States Supreme Court
479 U.S. 1312 (1986)

Facts

Ohio Citizens for Responsible Energy, Inc. (Citizens) (plaintiff) sued the Nuclear Regulatory Commission (commission) (defendant) regarding operation of the Perry Nuclear Power Plant (Perry Plant) near Cleveland, Ohio. In November 1986, while the suit was pending before the Sixth Circuit, that court issued an interlocutory order staying full-power operation of the Perry Plant pending the court’s decision. However, in December 1986, the Sixth Circuit issued another interlocutory order lifting that stay. Citizens then filed an application with Justice Scalia, the United States Supreme Court justice responsible for the Sixth Circuit, seeking a stay that would prevent full-power operation of the Perry Plant (1) until the Sixth Circuit issued a final decision in the case, and (2) if the Sixth Circuit ruled against Citizens, until the Supreme Court disposed of Citizens’ petition for writ of certiorari for review of the Sixth Circuit’s judgment.

Rule of Law

Issue

Holding and Reasoning (Scalia, J.)

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