United States Third Circuit

Petition for review of a guidance document issued by the United States Nuclear Regulatory Commission (NRC), proposing a long-term control license for facilities that decommission under restricted release regulations but cannot find adequate institutional controls, is dismissed for lack of jurisdiction where: 1) the guidance document is not a final order, as it is non-binding, lacks legal consequences, and does not determine any rights or obligations; and 2) the document's non-binding and legally inoperative nature falls within a categorical exclusion from governmental agency requirements imposed by the National Environmental Policy Act (NEPA).

Appellate Information

• Argued 04/16/2008
• Decided 05/21/2008
• Published 05/22/2008

Judges

• Before:  SLOVITER, JORDAN and ALARCÓN , Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kenneth W. Elwell, Andrew D. Reese (Argued), Office of Attorney General of New Jersey, Trenton, N.J., Attorneys for Petitioner., Joseph J. McGovern (Argued), Elena B. Zuares, Parker McCay, Marlton, N.J., Attorneys for Intervenor Petitioner Gloucester County Board.


• For Appellees:
  
• Charles E. Mullins (Argued), United States Nuclear Regulatory Commission, Rockville, M.D., Kathryn Kovacs, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C., Attorneys for Respondents., Matias F. Travieso-Diaz (Argued), Pillsbury, Winthrop, Shaw & Pitman, Washington, D.C., Attorney for Intervenor Respondents Shieldalloy Metallurgical Corporation.