United States Ninth Circuit

In a petition for review of the Nuclear Regulatory Commission's refusal to include the threat of air attacks in its final revised Design Basis Threat rule, the petition is denied where the Commission was not departing from an established standard but is merely elaborating on the interpretation of its own regulation, and its elaboration was not arbitrary or capricious.

Appellate Information

• Argued 11/17/2008
• Decided 07/24/2009
• Published 07/24/2009

Judges

• Before:  CYNTHIA HOLCOMB HALL, THOMAS G. NELSON and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Adina H. Rosenbaum, Public Citizen Litigation Group, Washington, D.C., for the petitioners., John J. Sipos, Assistant Attorney General, Albany, NY, for the petitioner., Brian Hembacher, Deputy Attorney General, State of California, Los Angeles, CA, for the amici curiae.


• For Appellees:
  
• Steven F. Crockett, Special Counsel, Karen D. Cyr, General Counsel, John F. Cordes, Jr., Solicitor, and E. Leo Slaggie, Deputy Solicitor, United States Nuclear Regulatory Commission, Washington, D.C.;  Ronald J. Tenpas, Assistant Attorney General, Ronald M. Spritzer, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for the respondents., David A. Repka, Winston & Strawn, Washington, D.C., for the intervenor-respondent.