Blue Ridge Environmental Defense League v. Nuclear Regulatory Commission
668 F.3d 747
D.C. Cir.2012Background
- TVA sought construction permits for Bellefonte Units 1 and 2; permits extended and then deferred under NRC Policy Statement; TVA placed units in terminated status and later requested reinstatement; NRC authorized staff to issue reinstatement and hearing on good cause; BREDL challenged NRC order via petitions for review; petitions were dismissed for lack of finality under Hobbs Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition seeks review of a final NRC order | BREDL sought review of January 2009 response sheets and related actions | Appeal targeted March 13, 2009 final order | No final order reviewed; petition is premature/dismissed. |
| Whether NRC January 7, 2010 opinion was a final agency action | January 7 opinion final regarding authority to reinstate | Opinion was nonfinal, interlocutory; referred to ASLB | Dismissal for lack of jurisdiction. |
| Whether the March 30, 2009 petition was timely and properly filed | Sought review of final action, attached Response Sheets | Final action was March 13, 2009 order; petition mis-targeted | Petition not a review of final order; dismissed. |
Key Cases Cited
- Bennett v. Spear, 520 U.S. 154 (1997) (finality requires a consummation of process and legal consequences)
- Massachusetts v. U.S. Nuclear Regulatory Comm'n, 924 F.2d 311 (D.C. Cir. 1991) (finality and immediate effects in NRC review)
- Natural Res. Def. Council, Inc. v. U.S. Nuclear Regulatory Comm'n, 680 F.2d 810 (D.C. Cir. 1982) (final order definition in agency proceedings)
- City of Benton v. Nuclear Regulatory Commission, 136 F.3d 824 (D.C. Cir. 1998) (interlocutory/applies to review timing in NRC orders)
- Bellsouth Corp. v. FCC, 17 F.3d 1487 (D.C. Cir. 1994) (review of reconsideration affects finality)