New York v. Nuclear Regulatory Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that failure to consider non-health environmental effects of nuclear waste storage and disposal, such as decrease in property values and harm to a Native- American community’s homeland, was not so obvious as to obviate the need to raise the issue before the agency
• finding that because petitioners’ specific concerns about environmental effect of Nuclear Regulatory Commission’s rulemaking were not “so obvious,” failure to raise concerns during agency proceedings resulted in waiver
• noting only that “an agency must look at both the probabilities of potentially harmful events and the consequences if those events come to pass”
• vacating the NRC’s rule governing the temporary storage of spent nuclear fuel
• “[A]n agency conducting an EA generally must examine both the probability of a given harm occurring and the consequences of that harm if it does occur.”

Source: CourtListener parenthetical corpus (CC0).