ML21321A234
| ML21321A234 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 11/08/2021 |
| From: | Lodge T Citizens for Alternatives to Chemical Contamination, Citizens' Environmental Coalition, Don't Waste Michigan, Law Office of Terry J. Lodge, Nuclear Energy Information Service, San Luis Obispo Mothers for Peace, Sustainable Energy and Economic Development Coalition (SEED) |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 21-1048 | |
| Download: ML21321A234 (3) | |
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UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DONT WASTE MICHIGAN, CITIZENS ENVIRONMENTAL COALITION, CITIZENS FOR ALTERNATIVES TO CHEMICAL CONTAMINATION, NUCLEAR ENERGY INFORMATION SERVICE, PUBLIC CITIZEN, INC.,
SAN LUIS OBISPO MOTHERS FOR PEACE, SUSTAINABLE ENERGY AND ECONOMIC DEVELOPMENT COALITION AND LEONA MORGAN, INDIVIDUALLY, Petitioners,
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UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF
- AMERICA, Respondents.
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Case No. 21-1048
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(Consolidated with Nos.
21-1055, 21-1056 and 21-
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1179)
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PETITIONERS DONT WASTE MICHIGAN ET AL.S NONBINDING STATEMENT OF ISSUES FOR REVIEW Petitioners Dont Waste Michigan, Citizens Environmental Coalition, USCA Case #21-1048 Document #1921509 Filed: 11/08/2021 Page 1 of 3
Citizens for Alternatives to Chemical Contamination, Nuclear Energy Information Service, Public Citizen, Inc., San Luis Obispo Mothers for Peace, Sustainable Energy and Economic Development (SEED) Coalition, and Leona Morgan, individually (collectively, Dont Waste Michigan, et al.) (the Petitioners in Case No. 21-1048) hereby set forth their non-binding statement of issues for review:
- 1) Whether the NRC acted arbitrarily and capriciously, denied due process to said Petitioners, failed to engage in reasoned decision-making, acted without substantial evidence, abused its discretion, and/or acted otherwise contrary to law, including but not limited to violating the Atomic Energy Act (AEA), 42 U.S.C.
§§ 2011 et seq.; the Nuclear Waste Policy Act (NWPA), 42 U.S.C. §§ 10101 et seq.; the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq.;
and the Administrative Procedure Act (APA), 5 U.S.C. §§ 706 when it ruled that all Petitioners except Sustainable Energy and Economic Development (SEED)
Coalition lacked legal standing to pursue any contentions at hearing in the NRCs Memorandum and Order CLI-20-14. Petitioners except the SEED Coalition will maintain that they established elements comprising the irreducible constitutional minimum of standing in Lujan v. Defenders of Wildlife, 112 S.Ct. 2130, 504 U.S.
555, 561, 119 L.Ed.2d 351 (1992).
- 2) Whether the NRC acted arbitrarily and capriciously, denied due process USCA Case #21-1048 Document #1921509 Filed: 11/08/2021 Page 2 of 3
to said Petitioner, failed to engage in reasoned decision-making, acted without substantial evidence, abused its discretion, and/or acted otherwise contrary to law, including but not limited to violations of the AEA, NWPA, NEPA and the APA and/or its own regulations when it denied Petitioner SEED Coalition a hearing and ruled that Petitioners contentions were inadmissible in its Memorandum and Order at CLI-20-13.
Petitioners reserve the right to modify the manner, method and list of issues addressed in briefing.
November 8, 2021
/s/ Terry J. Lodge Terry J. Lodge, Esq.
316 N. Michigan St., Suite 520 Toledo, OH 43604-5627 (419) 205-7084 tjlodge50@yahoo.com lodgelaw@yahoo.com Counsel for Petitioners USCA Case #21-1048 Document #1921509 Filed: 11/08/2021 Page 3 of 3