United States Ninth Circuit

A petition for review of the Nuclear Regulatory Commission's (NRC) approval of a proposed spent fuel storage installation is granted in part where the NRC's determination that the National Environmental Policy Act (NEPA) does not require a consideration of the environmental impact of terrorist attacks did not satisfy reasonableness review, and thus, an environmental assessment prepared in reliance on that determination was inadequate and failed to comply with NEPA.

Appellate Information

• Argued 10/17/2005
• Decided 06/02/2006
• Published 06/02/2006

Judges

• THOMAS, Circuit Judge., Before REINHARDT and THOMAS, Circuit Judges, and JANE A. RESTANI, Chief Judge, United States Court of International Trade.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Diane Curran, Harmon, Curran, Spielberg & Eisenberg, L.L.P., Washington, D.C., for the petitioners., Sheldon L. Trubatch, Esq., Offices of Robert K. Temple, Esq., Chicago, IL, for amicus San Luis Obispo County., Kevin James, California Department of Justice, Oakland, CA, for amicus States of California, Massachusetts, Utah and Washington., Jay E. Silberg, Shaw Pittman, L.L.P., Washington, D.C., for amicus Nuclear Energy Institute.


• For Appellees:
  
• Charles E. Mullins, United States Nuclear Regulatory Commission, Washington, D.C., for the respondents., David A. Repka, Winston & Strawn, L.L.P., Washington, D.C., for respondent-intervenor PG & E.