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New Jersey v. NRC

ELR Citation: 38 ELR 20122
Nos. Nos. 06-5140 et al., (3d Cir., 05/21/2008)

The Third Circuit dismissed New Jersey's petition for review of a Nuclear Regulatory Commission (NRC) guidance document that proposes a long-term control license for facilities that decommission under restricted release regulations but cannot find adequate institutional controls. The guidance document is not a final order because it is nonbinding, lacks legal consequences, and does not determine any rights or obligations. Nor was the NRC required to prepare an environmental impact statement under the National Environmental Policy Act due to the document's nonbinding and legally inoperative nature.