United States Second Circuit

In a petition for review of an order of the U.S. Nuclear Regulatory Commission granting an exemption from certain fire safety regulations to an energy company, the petition is dismissed, where 1) the court lacked jurisdiction under the Hobbs Act to review exemptions; and 2) the order being challenged was not an amendment or other order covered by the Hobbs Act.

Appellate Information

• Decided 08/27/2009
• Published 08/27/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  JOHN M. WALKER, JR. and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard L. Brodsky, Albany, NY, for Petitioners., Michael B. Wallace, (Paul E. Barnes, on the brief), Wise Carter Child & Caraway, P.A., Jackson, MS, for Intervenor., John J. Sipos, Assistant Attorney General, (Barbara D. Underwood, Solicitor General, Katherine Kennedy, Special Deputy Attorney General, Michelle Aronowitz, Deputy Solicitor General, Janice A. Dean, Assistant Attorney General, Monica Wagner, Assistant Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Amicus Curiae New York State.


• For Appellees:
  
• Robert M. Rader, Senior Attorney, (Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, on the brief), Office of the General Counsel, U.S. Nuclear Regulatory Commission, John Cruden, Acting Assistant Attorney General, Ellen Durkee, Trial Attorney, Appellate Section, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondent.