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Beyond Nuclear et al v. U.S. Department of Energy, Forrestal Building, Room Gm-174 Ground Floor, South Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585 et al

MOTION for Summary Judgment and Memorandum in Support

60 Cited authorities

  1. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,574 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,656 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  3. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,483 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  4. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  5. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,391 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"

  6. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

    435 U.S. 519 (1978)   Cited 1,758 times   5 Legal Analyses
    Holding that where rulemaking fulfills basic APA standards for notice and procedure, a court will not impose additional process

  7. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,151 times   4 Legal Analyses
    Holding that "a reviewing court must generally be at its most deferential" when examining an agency decision made "within its area of special expertise, at the frontiers of science"

  8. Kleppe v. Sierra Club

    427 U.S. 390 (1976)   Cited 1,018 times   2 Legal Analyses
    Holding that role of court in reviewing agency action under NEPA is to ensure agency has taken a "hard look" at environmental consequences; the court cannot "interject itself within the area of discretion of the executive as to the choice of the action to be taken."

  9. Andrus v. Sierra Club

    442 U.S. 347 (1979)   Cited 253 times   2 Legal Analyses
    Holding that the CEQ's NEPA interpretations are entitled to substantial deference

  10. Metropolitan Edison Co. v. People Against Nuclear Energy

    460 U.S. 766 (1983)   Cited 164 times   1 Legal Analyses
    Holding that the Nuclear Regulatory Commission properly considered the risk and effect of a possible nuclear accident, though it did not need to consider the effect of such risk on the psychological well-being of residents

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,519 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,406 times   36 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,222 times   26 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

  14. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,621 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  15. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,501 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  16. Section 2011 - Congressional declaration of policy

    42 U.S.C. § 2011   Cited 423 times   4 Legal Analyses

    Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that- (a) the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and (b) the development, use, and control of atomic energy shall be directed so as to promote

  17. Section 2014 - Definitions

    42 U.S.C. § 2014   Cited 272 times   5 Legal Analyses
    Defining "byproduct material" as "any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material"

  18. Section 2201 - General duties of Commission

    42 U.S.C. § 2201   Cited 139 times
    Granting the NRC regulatory jurisdiction over the constituent materials of spent nuclear fuel

  19. Section 7112 - Congressional declaration of purpose

    42 U.S.C. § 7112   Cited 19 times   1 Legal Analyses

    The Congress therefore declares that the establishment of a Department of Energy is in the public interest and will promote the general welfare by assuring coordinated and effective administration of Federal energy policy and programs. It is the purpose of this chapter: (1) To establish a Department of Energy in the executive branch. (2) To achieve, through the Department, effective management of energy functions of the Federal Government, including consultation with the heads of other Federal departments

  20. Section 2153 - Cooperation with other nations

    42 U.S.C. § 2153   Cited 5 times   1 Legal Analyses

    No cooperation with any nation, group of nations or regional defense organization pursuant to sections 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be undertaken until- (a) Terms, conditions, duration, nature, scope, and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation Assessment Statement the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall

  21. Section 1501.3 - Determine the appropriate level of NEPA review

    40 C.F.R. § 1501.3   Cited 187 times   8 Legal Analyses
    Providing instructions for how an agency should decide to issue an EIS or EA

  22. Section 1507.3 - Agency NEPA procedures

    40 C.F.R. § 1507.3   Cited 101 times   12 Legal Analyses
    Allowing agencies three years after September 14, 2020, rather than just one year, to propose revisions to their regulations

  23. Section 1505.2 - Record of decision in cases requiring environmental impact statements

    40 C.F.R. § 1505.2   Cited 89 times   1 Legal Analyses
    Noting that “[a]t the time of its decision or, if appropriate, its recommendation to Congress, each agency shall prepare a concise public record of decision”

  24. Section 1502.4 - Major Federal actions requiring the preparation of environmental impact statements

    40 C.F.R. § 1502.4   Cited 80 times
    Stating that an EIS may be required "for broad Federal actions such as the adoption of new agency programs or regulations"

  25. Section 1021.314 - Supplemental environmental impact statements

    10 C.F.R. § 1021.314   Cited 15 times

    (a) DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns, as discussed in 40 CFR 1502.9(c)(1) . (b) DOE may supplement a draft EIS or final EIS at any time, to further the purposes of NEPA, in accordance with 40 CFR 1502.9(c)(2) . (c) When it is unclear whether or not an EIS supplement is required, DOE shall prepare a Supplement Analysis. (1) The Supplement Analysis shall discuss the

  26. Section 1021.330 - Programmatic (including site-wide) NEPA documents

    10 C.F.R. § 1021.330   Cited 1 times

    (a) When required to support a DOE programmatic decision (40 CFR 1508.18(b)(3) ), DOE shall prepare a programmatic EIS or EA (40 CFR 1502.4 ) . DOE may also prepare a programmatic EIS or EA at any time to further the purposes of NEPA. (b) A DOE programmatic NEPA document shall be prepared, issued, and circulated in accordance with the requirements for any other NEPA document, as established by the CEQ Regulations and this part. (c) As a matter of policy when not otherwise required, DOE shall prepare

  27. Section 71.5 - Transportation of licensed material

    10 C.F.R. § 71.5   Cited 1 times

    (a) Each licensee who transports licensed material outside the site of usage, as specified in the NRC license, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the DOT regulations in 49 CFR parts 107 , 171 through 180 , and 390 through 397 , appropriate to the mode of transport. (1) The licensee shall particularly note DOT regulations in the following areas: (i) Packaging- 49 CFR part 173 : subparts

  28. Appendix A to Subpart D of Part 1021 - Categorical Exclusions Applicable to General Agency Actions

    10 C.F.R. § 1021 app A to Subpart D of Part 1021

    Table of Contents A1 Routine DOE business actions A2 Clarifying or administrative contract actions A3 Certain actions by Office of Hearings and Appeals A4 Interpretations and rulings for existing regulations A5 Interpretive rulemakings with no change in environmental effect A6 Procedural rulemakings A7 [Reserved] A8 Awards of certain contracts A9 Information gathering, analysis, and dissemination A10 Reports and recommendations on non-DOE legislation A11 Technical advice and assistance to organizations

  29. Section 1021.101 - Policy

    10 C.F.R. § 1021.101

    It is DOE's policy to follow the letter and spirit of NEPA; comply fully with the CEQ Regulations; and apply the NEPA review process early in the planning stages for DOE proposals. 10 C.F.R. §1021.101

  30. Section 173.435 - Table of A1 and A2 values for radionuclides

    49 C.F.R. § 173.435

    The table of A1 and A2 values for radionuclides is as follows: Symbol of radionuclide Element and atomic number A1 (TBq) A1 (Ci)b A2 (TBq) A2 (Ci)b Specific activity (TBq/g) (Ci/g) Ac-225 (a) Actinium (89) 8.0*10-1 2.2*101 6.0*10-3 1.6*10-1 2.1*103 5.8*104 Ac-227 (a) 9.0*10-1 2.4*101 9.0*10-5 2.4*10-3 2.7 7.2*101 Ac-228 6.0*10-1 1.6*101 5.0*10-1 1.4*101 8.4*104 2.2*106 Ag-105 Silver (47) 2.0 5.4*101 2.0 5.4*101 1.1*103 3.0*104 Ag-108m (a) 7.0*10-1 1.9*101 7.0*10-1 1.9*101 9.7*10-1 2.6*101 Ag-110m