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New York v. Nuclear Reg. Comm'n
From: FindLaw Opinion Summaries - Environmental
(U.S. 2d Cir., Administrative Law, Environmental Law) In a petition for review of the Nuclear Regulatory Commission's denial of rulemaking petitions filed by Massachusetts and California, the petition is denied where the Commission gave due consideration to the relevant studies, and thus the court was required to defer to their expertise in determining the proper risk level associated with the storage of nuclear material in spent fuel pools.

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Public Citizen v. Nuclear Reg. Comm.
(U.S. 9th Cir., Administrative Law, Environmental Law) In a petition for review of the Nuclear Regulatory Commission's refusal to include the threat of air attacks in its final revised Design Basis Threat rule, the petition is denied where the Commission was not departing from an established standard but is merely elaborating on the interpretation of its own regulation, and its elaboration was not arbitrary or capricious.

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California Trout v. FERC
(U.S. 9th Cir., Administrative Law, Civil Procedure, Environmental Law) In a petition for review of the Federal Energy Regulatory Commission's denial of petitioner's motion to intervene in a license renewal proceeding, the petition is denied where 16 U.S.C. section 825g(a) allows the agency to differentiate among untimely interveners and permits the Commission to summarily reject a prospective intervener who cannot demonstrate "good cause" for its untimely motion.

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American Road & Transp. Builders Ass'n. v. EPA
(U.S. D.C. Cir., Administrative Law, Civil Procedure, Constitutional Law, Environmental Law) In a petition for review of certain EPA Clean Air Act regulations, the petition is dismissed where National Mining Ass'n. v. U.S. Dept. of Interior, 70 F.3d 1345 (D.C. Cir. 1995), required the court to treat petitioner's petition to the EPA as a challenge to the regulations it sought revised, and judicial review of such a challenge was time-barred under Clean Air Act section 307(b)(1).

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In re Howard
(U.S. 6th Cir., Administrative Law, Environmental Law, Health Law, Labor & Employment Law) In a petition for a writ of mandamus directing the Secretary of Labor to promulgate lower limits for the amount of dust and silica in the air in mines, the petition is dismissed where Petitioner failed to exhaust his administrative remedies under the Mine Act.

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Hydro Resources, Inc. v. EPA
(U.S. 10th Cir., Administrative Law, Environmental Law, Indian Law, Property Law & Real Estate) In a petition for review of the EPA's "final land status determination" expressing its judgment that petitioner's land qualified as "Indian land," the petition is granted where the EPA's interpretation cannot be reconciled with the Supreme Court's explanation of 18 U.S.C. section 1151(b)'s plain meaning.

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