Supreme Court of the United States · Official docket →
Beyond Nuclear v. Nuclear Regulatory Commission, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-1173 · judgment November 27, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.
Question presented
Did the U.S. Nuclear Regulatory Commission commit segmentation and violate the longstanding recognition of the pre-eminence of the National Environmental Policy Act when it redefined “construction” in its Atomic Energy Act regulations to exclude environmental impact analysis of a major, integral transmission line corridor through critical habitat for endangered and threatened species? Did the NRC violate its duty to obey NEPA when it denied admission of public intervenors’ contention because of an arbitrarily short deadline and simultaneously rejected its own Atomic Safety and Licensing Board Panel’s sua sponte recommended adjudication of the matter?
Counsel of record
For petitioner
Terry Jonathan Lodge
Terry J. Lodge, Esq.
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 16 2018Petition DENIED.
- Mar 28 2018DISTRIBUTED for Conference of 4/13/2018.
- Mar 28 2018Waiver of right of respondent DTE Electric Company to respond filed.
- Mar 23 2018Waiver of right of respondents Nuclear Regulatory Commission, et al. to respond filed.
- Feb 26 2018Petition for a writ of certiorari filed. (Response due April 2, 2018)