DC Circ. Voids NJ Assumption Of Nuclear Oversight

Law360, New York (November 11, 2010, 3:20 PM EST) -- A federal appeals court has invalidated the transfer of radioactive materials oversight from the U.S. Nuclear Regulatory Commission to New Jersey, handing a victory to Shieldalloy Metallurgical Corp., which saw its decommissioning of a nuclear waste site upended by tougher state requirements.

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday ruled that the transfer of the NRC’s regulatory authority over in-state nuclear materials to New Jersey officials was “arbitrary and capricious.”

Shieldalloy petitioned the appeals court for review of the transfer...
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