United States DC Circuit

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Shieldalloy Metallurgical Corp. v. Nuclear Reg. Comm'n, 09-1268

In a petition for review of the Nuclear Regulatory Commission's (NRC) transfer of regulatory authority to New Jersey, arguing that New Jersey's nuclear energy program was incompatible with the federal scheme and that the transfer of authority was arbitrary and capricious, the petition is granted where the NRC should have explained how petitioner's decommissioning process could proceed under the New Jersey regime free of the interference and interruption sought to be avoided by the NRC's Criterion 25 and why the partial transfer was not an appropriate alternative arrangement.

Appellate Information

  • Decided 11/09/2010
  • Published 11/09/2010


  • Stephen Williams


  • United States DC Circuit


  • For Appellant:
  • Matias F. Traveiso-Diaz, Grace H. Kim