ELR Citation: 52 ELR 20126
No(s). 21-1162 (D.C. Cir. Nov 15, 2022)

The D.C. Circuit dismissed a petition to review NRC's decision to issue an amended materials license authorizing uranium production for a DOE demonstration program at a facility in Ohio. Nonprofit groups argued NRC violated NEPA by failing to prepare an EIS and by failing to address the environmental concerns raised in their letter to NRC staff. NRC moved to dismiss for lack of jurisdiction, and the company that was issued the license intervened. The court found it lacked jurisdiction under the Hobbs Act because the groups failed to become parties to the underlying NRC proceedings. Rather than request a hearing or submit contentions related to the license, the groups emailed a letter to NRC staff, and thus failed to satisfy the Act's "party aggrieved" requirement. The court dismissed the petition for lack of jurisdiction.