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Vermont Department of Public Service v. United States

ELR Citation: 42 ELR 20140
Nos. 11-1168, (D.C. Cir., 06/26/2012)

The D.C. Circuit denied petitions for review challenging the NRC's decision to renew an energy company's license to operate the Vermont Yankee Nuclear Power Station. The petitioners argued that the license renewal was unlawful because the energy company failed to furnish a state water quality certification under CWA §401(a)(1). But petitioners repeatedly failed to present their objection directly to the NRC. As such, they failed to exhaust their administrative remedies and the matter is not subject to judicial review. Vermont Department of Public Service v. United States, No. 11-1168, 42 ELR 20140 (D.C. Cir. June 26, 2012).