2nd Circ. Affirms Nuclear Agency Ruling On Fire Risk

Law360, New York (December 21, 2009, 7:20 PM EST) -- A federal appeals court has nixed three states' request to review the U.S. Nuclear Regulatory Commission's denial of rulemaking petitions lodged by Massachusetts and California over the risk of spent fuel pool fires at nuclear facilities.

The U.S. Court of Appeals for the Second Circuit ruled Monday that the NRC “acted within its broad discretion” in handing down its 2008 decision to refuse California's and Massachusetts' petitions asking the agency to reverse its 1996 generic environmental impact statement, which found that spent fuel pools at nuclear...
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