In Re Aiken County
396 U.S. App. D.C. 107
| D.C. Cir. | 2011Background
- Petitioners seek review of DOE and related actions regarding Yucca Mountain; DOE sought to withdraw its license application from NRC review and to abandon the Yucca Mountain project.
- NRC Licensing Board denied DOE's motion to withdraw; the Commission has not yet decided whether to review that denial.
- NWPA directs NRC to review the construction authorization application submitted June 17, 2008; three-year deadline may have passed.
- DOE publicly stated it would abandon Yucca Mountain and established a Blue Ribbon Commission, among other actions.
- Petitioners argue this behavior violates NWPA, NEPA, and the APA; DOE argues petitions are unripe and thresholds lack final agency action or jurisdiction.
- Court dismisses for lack of jurisdiction, finding claims unripe and DOE actions non-final or non-reviewable at this stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners’ challenge to DOE’s withdrawal of the license is ripe. | Petitioners contend DOE lacks authority to withdraw. | DOE asserts issues depend on NRC proceedings and are not final. | Not ripe; jurisdiction lacking. |
| Whether petitioners’ challenge to DOE’s abandonment of Yucca Mountain is justiciable. | DOE’s abandonment violates NWPA/APA. | No discrete action or final agency action; not reviewable. | Not justiciable. |
| Whether the court has jurisdiction to review under final agency action doctrine (APA/NWPA). | There is a final agency action inconsistent with law. | No final action or clear duty to act violated; review premature. | Lacks jurisdiction; petitions dismissed. |
Key Cases Cited
- Abbott Labs. v. Gardner, 387 F.2d 415 (3d Cir. 1967) (ripeness and prior administrative review principles)
- TRAC v. FCC, 750 F.2d 70 (D.C. Cir. 1984) (mandamus for unreasonable agency delay)
- Nuclear Energy Inst. v. EPA, 373 F.3d 1251 (D.C. Cir. 2004) (context for Yucca Mountain regulatory decisions)
- Cobell v. Kempthorne, 455 F.3d 301 (D.C. Cir. 2006) (ongoing program not final agency action under APA)
- Sierra Club v. Thomas, 828 F.2d 783 (D.C. Cir. 1987) (agency inaction and accountability concerns)
- Free Enterprise Fund v. Public Co. Accounting Oversight Bd., U.S. , 130 S. Ct. 3138 (2010) (independent agency accountability and removal powers)
- Humphrey's Executor v. United States, 295 U.S. 602 (1935) (independent agencies and presidential removal limits)
- Myers v. United States, 272 U.S. 52 (1926) (presidential removal authority context (Myers))
- Bowsher v. Synar, 478 U.S. 714 (1986) (removal power and independence of the Comptroller General)
- California v. FCC, 131 S. Ct. 1 (2010) (later discussion on executive control)