United States First Circuit

Plaintiff's petition for review, challenging defendant-Nuclear Regulatory Commission's new rules governing its hearing processes, is denied where the new procedures comply with the relevant provisions of the Administrative Procedure Act, and defendant has furnished an adequate explanation for the changes.

Appellate Information

• Decided 12/10/2004
• Published 12/10/2004

Judges

• SELYA, Circuit Judge., Before SELYA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan Mark Block for petitioner Citizens Awareness Network., Stephen M. Kohn on brief for intervenors National Whistleblower Center and Committee for Safety at Plant Zion., Michael T. Kirkpatrick, with whom Bonnie I. Robin-Vergeer and Scott L. Nelson were on brief, for petitioners Public Citizen Critical Mass Energy and Environment Program and Nuclear Information and Resource Service., Thomas F. Reilly, Attorney General (Massachusetts), and Nora J. Chorover, Assistant Attorney General (Massachusetts), on brief for Massachusetts, California, Connecticut, New Hampshire, and New York, amici curiae., Ellen C. Ginsberg, with whom Robert W. Bishop and Michael A. Bauser were on brief, for intervenor Nuclear Energy Institute, Inc.


• For Appellees:
  
• Steven F. Crockett, Special Counsel, United States Nuclear Regulatory Commission, with whom Thomas L. Sansonetti, Assistant Attorney General, Greer S. Goldman and Lisa E. Jones, Attorneys, Environment and Natural Resources Division, United States Department of Justice, Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, E. Leo Slaggie, Deputy Solicitor, and Shelly D. Cole, Attorney, United States Nuclear Regulatory Commission, were on brief, for respondents.