ML032510249
| ML032510249 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/02/2003 |
| From: | Penn L US Federal Judiciary, Court of Appeals, 2nd Circuit |
| To: | Collins S Office of Nuclear Reactor Regulation, Riverkeeper |
| References | |
| 03-4313 | |
| Download: ML032510249 (1) | |
Text
United States Court of Appeals FOR THE SECOND CIRCUIT At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at Foley Square, in the City of New York, on the t day of two thousand and three, Present:
Hon. Rosemary S Poole.
Hon. Robert D. Sack, Hon. Richard C. Wesley, Circuit Judges.
I0 Riverkeeper, Inc.,
Petitioner,
- v.
Docket No. 034313 Samuel J. Collins, Director, Office of Nuclear Reactor Regulation, 2t jL.
Respondents.
Respondents move to dismiss this petition for review for lack of jurisdiction on the ground that the Nuclear Regulatory Commission's decision not to take certain enforcement actions requested in Riverkeeper's 10 C.F.R. § 2.206 petition is not subject to judicial review, pursuant to Heckler
- v. Chaney, 470 U.S. 821 (1985). Upon due consideration, IT IS HEREBY ORDERED that this motionis'refed a meritspanel of this Court fr decision eftir a1FilI briefing. IT IS FURTHER ORDERED that leave is granted to Attorney General Richard Blumenthal, amicus curiae, to file a memorandum in opposition to Respondents' motion to dismiss.
FOR THE COURT:
Roseann B. MacKechnie, Clerk By::__
Laura Bass Penn, Motions Staff Attorney SAO L