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Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

ELR Citation: 44 ELR 20227
Nos. 13-1259, (D.C. Cir., 10/14/2014)

The D.C. Circuit upheld an NRC order transferring regulatory authority over decommissioning activities at a former aluminum production plant to the state of New Jersey under the Atomic Energy Act. New Jersey’s regulatory regime is adequate and compatible with the NRC’s regulatory program. And despite the plant's arguments to the contrary, the order does not conflict with prior interpretations of the Act or amount to a convenient, post hoc litigating position. The court, therefore, denied the plant's petition for review.