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Friends of the Earth v. U.S. Nuclear Regulatory Commission

Filing Date: 2020
Case Categories:
  • Federal Statutory Claims
    • NEPA
Principal Laws:
Administrative Procedure Act (APA), National Environmental Policy Act (NEPA)
Description: Challenge to license renewals for the Turkey Point nuclear generating station in Florida.
  • Friends of the Earth v. U.S. Nuclear Regulatory Commission
    Docket number(s): 20-1026
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/04/2021 Judgment Download Petition dismissed. D.C. Circuit Dismissed Challenge to Renewal of Florida Nuclear Plant Licenses. The D.C. Circuit Court of Appeals dismissed a challenge to license renewals for the Turkey Point nuclear generating station in Florida as “incurably premature.” The court concluded that it lacked jurisdiction because administrative appeals that raised the same legal issues were still pending before the Nuclear Regulatory Commission. Among the issues raised by the petitioners was whether the plan for protecting groundwater would be effective in a changing climate.
    10/23/2020 Reply Download Reply brief filed by petitioners.
    09/21/2020 Brief Download Brief filed by Intervenor Florida Power & Light Company.
    09/14/2020 Brief Download Brief filed by respondents.
    07/27/2020 Brief Download Initial brief filed by petitioners. Petitioners Argued that License Renewals for Nuclear Plant Failed to Account for Changing Climate Conditions. Petitioners challenging the U.S. Nuclear Regulatory Commission’s (NRC’s) license renewals for the Turkey Point nuclear generating station in Florida filed their initial brief. The renewals extend Turkey Point’s operating time into the 2050s. The petitioners’ arguments include that the “freshening plan” for protecting groundwater was not effective in drier and hotter conditions and that changing climate conditions would worsen the situation. The petitioners also contended that NRC failed to model anticipated climate conditions in its analysis of groundwater impacts even though it had modeled climate impacts in an earlier environmental impact statement for different reactor units.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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