Brodsky v. Nuclear Reg. Comm., No. 08-1454 - U.S. Second Circuit
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Brodsky v. Nuclear Reg. Comm., No. 08-1454

In a petition for review of an order of the U.S. Nuclear Regulatory Commission granting an exemption from certain fire safety regulations to an energy company, the petition is dismissed, where 1) the court lacked jurisdiction under the Hobbs Act to review exemptions; and 2) the order being challenged was not an amendment or other order covered by the Hobbs Act.

Read Brodsky v. Nuclear Reg. Comm., No. 08-1454

Appellate Information

Argued: May 11, 2009

Decided: August 27, 2009

Judges

Opinion by Judge Walker

Counsel

For Petitioners:

Richard L. Brodsky, Albany, NY

For Respondent:

Robert M. Rader, General Counsel, Nuclear Regulatory Commission, Washington, DC

Karen D. Cyr, Office of the General Counsel, Washington, DC