United States Second Circuit

In challenge to Nuclear Regulatory Commission's (NRC) grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations, summary judgment for NRC is: 1) affirmed in part where plaintiffs' challenges are generally without merit; and 2) vacated in part as to plaintiffs' claim that the exemption was granted in violation of the National Environmental Policy Act's public participation regulations, because the administrative record is insufficient for judicial review and thus remand is necessary to allow the agency to supplement its decision.

Appellate Information

• Decided 01/07/2013
• Published 01/07/2013

Judges

• REENA RAGGI

Court

• United States Second Circuit

Counsel