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Cuomo v. NRC

Citation: 17 ELR 20662
No. No. 85-1042, 812 F.2d 1443/26 ERC 1584/(D.C. Cir., 03/12/1987) Petition to vacate order denied

The court holds that a challenge to orders issued by the Nuclear Regulatory Commission (NRC) authorizing low-power testing at the Shoreham nuclear power plant in New York was mooted when the low-power testing was conducted. The court therefore does not reach claims raised by Suffolk County and the Governor that the NRC violated the National Environmental Policy Act by issuing these orders without preparing a supplemental environmental impact statement to account for the potential denial of a full-power license due to the lack of an emergency evacuation plan.

[This opinion has not been officially approved for publication. An earlier opinion in this case is published at 15 ELR 20772. Related cases appear at 14 ELR 20284, 15 ELR 20511, and 16 ELR 20631.]

Counsel for Petitioner
Herbert H. Brown
Kirkpatrick & Lockhart
1900 M St. NW, Suite 800, Washington DC 20036
(202) 452-7000

Counsel for Respondent
Peter Steenland, Jacques B. Gelin
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2774

Counsel for Intervenor
W. Taylor Reveley III
Hunton & Williams
P.O. Box 1535, 707 E. Main St., Richmond VA 23212
(804) 788-8200

Before Ginsburg, Buckley, and Davis,* JJ.