ELR Citation: ELR 20068
No(s). 07-2271 (3d Cir. Mar 31, 2009)

The Third Circuit held that the Nuclear Regulatory Commission (NRC) need not examine the environmental impact of a hypothetical terrorist attack on a nuclear power facility during its review of an application to relicense that facility. New Jersey's environmental agency, in its petition for review of an NRC decision denying its request to intervene in relicensing proceedings for the Oyster Creek Nuclear Generating Station, argued that the National Environmental Policy Act requires an analysis of the impact of such an attack. Terrorist attacks, however, are too far removed from the natural or expected consequences of agency action to require an environmental impact analysis. In addition, the NRC has already addressed the environmental impact of a potential terrorist act at Oyster Creek through its generic environmental impact statement (EIS) and site-specific supplemental EIS.