D.C. Circuit Rejects Nuclear Storage Challenge

A federal appeals panel shot down a state and environmental group petition June 3 for review of the Nuclear Regulatory Commission’s spent nuclear fuel continued storage rule (RIN:3150-AJ20), ruling the agency’s action complies with the National Environmental Policy Act (New York v. NRC, D.C. Circuit, 14-1210, 6/3/16).

The U.S. Court of Appeals for the District of Columbia Circuit panel, comprised of Judges Brett Kavanaugh, Harry Edwards and David Sentelle, unanimously rejected the petitioners’ allegations that the NRC’s assessment of the impact of radioactive waste and spent fuel storage violated the environmental statute.

The rulemaking, accompanied by the ...