ML21097A229

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4-7-21 Docketing Statement (DC Cir.)(Case No. 21-1080)
ML21097A229
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 04/07/2021
From: Ommen T
Pace Environmental Law Clinic
To: Andrew Averbach
NRC/OGC, US Federal Judiciary, District Court for the District of Columbia
References
1893545, 21-1080
Download: ML21097A229 (2)


Text

USCA Case #21-1080 Document #1893545 Filed: 04/07/2021 Page 1 of 2 UNITED STATES COURT OF A PPEALS DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 l Facsimile: 202-219-8530 DOCKETING STATEMENT Administrative Agency Review Proceedings (To be completed by appellant/petitioner)

1. CASE NO. 21-1080 2. DATE DOCKETED: 03/03/2021
3. CASE NAME (lead parties only) Riverkeeper, Inc U.S. Nuclear Regulatory Commission v.
4. TYPE OF CASE: Review Appeal Enforcement Complaint Tax Court
5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? Yes No If YES, cite statute
6. CASE INFORMATION:
a. Identify agency whose order is to be reviewed: U.S. Nuclear Regulatory Commission
b. Give agency docket or order number(s): CLI-21-01
c. Give date(s) of order(s) 11/23/2020; 01/15/2021
d. Has a request for rehearing or reconsideration been filed at the agency? Yes No If so, when was it filled? By whom?

Has the agency acted? Yes No If so, when?

e. Identify the basis of appellant's/petitioner's claim of standing. See D.C. Cir. Rule 15(c)(2):

Petitioners members have economic, environmental, and recreational interests in the area immediately surrounding the Indian Point Site. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560

f. Are any other cases involving the same underlying agency order pending in this Court or any other?

Yes No If YES, identify case name(s), docket number(s), and court(s)

State of New York v. NRC, 21-1037, D.C. Cir.; Town of Cortlandt v. NRC, 21-1084, D.C. Cir.

g. Are any other caess, to counsel's knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents?

Yes No If YES, give case name(s) and number(s) of these cases and identify court/agency:

h. Have the parties attempted to resolve the issues in this case through arbitration, mediation, or any other alternative for dispute resolution? Yes No If YES, provide program name and participation dates.

Signature /s/ Todd D. Ommen April, 7 2021 Date Name of Party (Print) Riverkeeper, Inc Name of Counsel for Appellant/Petitioner (Print) Todd D. Ommen Address Pace Environmental Litigation Clinic 78 N Broadway, White Plains, NY 10603 E-Mail tommen@law.pace.edu 914 422-4343 914 989-8772 Phone ( ) Fax ( )

ATTACH A CERTIFICATE OF SERVICE Note: If counsel for any other party believes that the information submitted is inaccurate or incomplete, counsel may so advise the Clerk within 7 calendar days by letter, with copies to all other parties, specifically referring to the challenged statement. An original and three copies of such letter should be submitted.

USCA Form 41 August 2009 (REVISED)

USCA Case #21-1080 Document #1893545 Filed: 04/07/2021 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing docketing statement was filed on April 7, 2021 using the Courts CM/ECF system and that service was therefore accomplished upon counsel of record by the Courts system.

Dated: April 7, 2021 Respectfully Submitted, TODD D. OMMEN

/s/ Todd D. Ommen Pace Environmental Law Clinic, Inc.

78 N. Broadway White Plains NY 10603 914-422-4343 tommen@law.pace.edu