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Nuclear Info. & Resource Serv. v. NRC

ELR Citation: 36 ELR 20145
Nos. No. 04-71432, (9th Cir., 07/24/2006)

The court holds that petitioners lack standing to challenge a Nuclear Regulatory Commission (NRC) rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argue that the NRC violated the National Environmental Policy Act in preparing a finding of no significant impact rather than an environmental impact statement. The petitioners, however, fail to demonstrate a concrete and particularized injury. They argue that the regulation may expose members of the public to excessive radiation, but none of the submitted declarations explain how petitioners' health may be affected by the regulation. They fail to allege with any specificity what geographic areas are most likely to be affected, that they will be exposed to increases in radiation, or that they will curtail their use of public highways as a result of the regulation. And even if the court remands the rule to the NRC, the U.S. Department of Transportation would be under no obligation to reconsider its own, identical rule. The petitioners, therefore, also fail to establish redressability.