ELR Citation: 43 ELR 20011
No(s). 11-2016 (2d Cir. Jan 7, 2013)

The Second Circuit affirmed in part and vacated in part a lower court's grant of summary judgment in favor of the NRC in a case challenging its grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations. Environmental and citizens groups filed the suit arguing that the NRC violated the APA and NEPA in granting the exemption. The court agreed with the lower court that the groups' APA and substantive NEPA claims were generally without merit. But it vacated the lower court's judgment insofar as it rejected the groups' claim that the exemption violated NEPA's public involvement requirements. The agency record does not permit a reviewing court to determine whether a reasoned basis exists for the NRC's decision not to afford any such public involvement in the exemption decision. On remand, the court should direct the NRC to supplement the administrative record to explain why allowing public input into the exemption request was inappropriate or impracticable, or take such other action as it may deem appropriate to resolve this issue.