The Natural Resources Defense Council (NRDC) is a United States-based 501(c)(3) non-profit international environmental advocacy group, with its headquarters in New York City and offices in Washington D.C., San Francisco, Los Angeles, New Delhi, Chicago, Bozeman, and Beijing. Founded in 1970, as of 2019, the NRDC had over three million members, with online activities nationwide, and a staff of about 700 lawyers, scientists and other policy experts.
The Yucca Mountain Nuclear Waste Repository, as designated by the Nuclear Waste Policy Act amendments of 1987, is a proposed deep geological repository storage facility within Yucca Mountain for spent nuclear fuel and other high-level radioactive waste in the United States. The site is on federal land adjacent to the Nevada Test Site in Nye County, Nevada, about 80 mi (130 km) northwest of the Las Vegas Valley.
The Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the NRC began operations on January 19, 1975, as one of two successor agencies to the United States Atomic Energy Commission. Its functions include overseeing reactor safety and security, administering reactor licensing and renewal, licensing radioactive materials, radionuclide safety, and managing the storage, security, recycling, and disposal of spent fuel.
The Kerr-McGee Corporation, founded in 1929, was an American energy company involved in oil exploration, production of crude oil, natural gas, perchlorate and uranium mining and milling in various countries. On June 23, 2006, Anadarko Petroleum acquired Kerr-McGee in an all-cash transaction totaling $16.5 billion plus $2.6 billion in debt and all operations moved from their base in Oklahoma, United States.
Vermont Yankee was an electricity generating nuclear power plant, located in the town of Vernon, Vermont, in the northeastern United States. It generated 620 megawatts (MWe) of electricity at full power. The plant was a boiling water reactor (BWR), designed by General Electric. It operated from 1972 until December 29, 2014, when its owner Entergy shut down the plant. In 2008, the plant provided 71.8% of all electricity generated within Vermont, amounting to 35% of Vermont's electricity consumption. The plant is on the Connecticut River, upstream of the Vernon, Vermont Hydroelectric Dam and used the reservoir pool for its cooling water.
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 435 U.S. 519 (1978), is a case in which the United States Supreme Court held that a court cannot impose rulemaking procedures on a federal government agency. The federal Administrative Procedure Act of 1946 and an agency's statutory mandate from Congress establish the maximum requirements for an agency's rulemaking process. An agency may grant additional procedural rights in the regulatory process. However, a reviewing court cannot "impose upon the agency its own notion of which procedures are 'best' or most likely to further some vague, undefined public good"; to do so would exceed the limits of judicial review of agency action.
Indian Point Energy Center (I.P.E.C.) is a three-unit nuclear power plant station located in Buchanan, just south of Peekskill, in Westchester County, New York. It sits on the east bank of the Hudson River, about 36 miles (58 km) north of Midtown Manhattan. The facility has permanently ceased power operations as of April 30, 2021. Before its closure, the station's two operating reactors generated about 2,000 megawatts (MWe) of electrical power, about 25% of New York City's usage. The station is owned by Holtec International, and consists of three permanently deactivated reactors, Indian Point Units 1, 2, and 3. Units 2 and 3 were Westinghouse pressurized water reactors. Entergy purchased Unit 3 from the New York Power Authority in 2000 and Units 1 and 2 from Consolidated Edison in 2001.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers. The decision articulated a doctrine now known as "Chevron deference". The doctrine consists of a two-part test applied by the court, when appropriate, that is highly deferential to government agencies: "whether the agency's answer is based on a permissible construction [emphasis added] of the statute", so long as Congress has not spoken directly to the precise issue at question.
Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008), was a decision by the United States Supreme Court concerning whether federal law restricted the United States Navy's ability to use sonar during drills given the possibility of a harmful effect on marine mammals such as whales.
In Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, 461 U.S. 190 (1983), the United States Supreme Court held that a state statute regulating economic aspects of nuclear generating plants was not preempted by the federal Atomic Energy Act of 1954. The case provides a framework that has guided other cases involving preemption of federal authority.
Metropolitan Edison Co. v. People Against Nuclear Energy, 460 U.S. 766 (1983), was a case decided by the United States Supreme Court.
Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact." The issue was whether the agency may use a cost–benefit analysis (CBA) in choosing the Best Available Technology or (BAT) to meet the National Performance Standards (NPS).
Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010), is a United States Supreme Court case decided 7-1 in favor of Monsanto. The decision allowed Monsanto to sell genetically modified alfalfa seeds to farmers, and allowed farmers to plant them, grow crops, harvest them, and sell the crop into the food supply. The case came about because the use of the seeds was approved by regulatory authorities; the approval was challenged in district court by Geertson Seed Farms and other groups who were concerned that the genetically modified alfalfa would spread too easily, and the challengers won. Monsanto appealed the district court decision and lost, and appealed again to the Supreme Court, where Monsanto won, thus upholding the original approval and allowing the seeds to be sold.
Charles H. Eccleston is a former employee of the United States Energy Department (DOE), and later the Nuclear Regulatory Commission (NRC) who was convicted for attempting to breach protected computer systems. Eccleston, a U.S. citizen who had been living in Davao City in the Philippines since 2011, was terminated from his employment at the NRC in 2010. He was detained by Philippine authorities in Manila, Philippines, on March 27, 2015, and deported to the United States to face U.S. criminal charges. He initially came to the attention of the FBI in 2013 after he entered a foreign embassy in Manila and offered to sell a list of over 5,000 e-mail accounts of all officials, engineers and employees of a U.S. government energy agency. He said that he was able to retrieve this information because he was an employee of a U.S. government agency, held a top secret security clearance and had access to the agency’s network. He asked for $18,800 for the accounts, stating they were “top secret.” When asked what he would do if that foreign country was not interested in obtaining the U.S. government information he was offering, he stated he would offer the information to China, Iran or Venezuela, as he believed these countries would be interested in the information. On February 2, 2016, he pled guilty to one count of "attempted unauthorized access and intentional damage to a protected computer". In his guilty plea, he admitted scheming to cause damage to the computer network of the DOE through e-mails that he believed would deliver a computer virus to particular employees. He was incarcerated as inmate number 68974-112 and was released on July 15, 2016.
Sierra Club v. Babbitt, 15 F. Supp. 2d 1274, is a United States District Court for the Southern District of Alabama case in which the Sierra Club and several other environmental organizations and private citizens challenged the United States Fish and Wildlife Service (FWS). Plaintiffs filed action seeking declaratory injunctive relief regarding two incidental take permits (ITPs) issued by the FWS for the construction of two isolated high-density housing complexes in habitat of the endangered Alabama beach mouse. The District Court ruled that the FWS must reconsider its decision to allow high-density development on the Alabama coastline that might harm the endangered Alabama beach mouse. The District Court found that the FWS violated both the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) by permitting construction on the dwindling beach mouse habitat.
Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 568 U.S. 78 (2013), is a United States Supreme Court case in which the Natural Resources Defense Council and Santa Monica Baykeeper challenged the Los Angeles County Flood Control District (District) for violating the terms of its National Pollutant Discharge Elimination System (NPDES) permit as shown in water quality measurements from monitoring stations within the Los Angeles and San Gabriel Rivers. The Supreme Court, by a unanimous 9-0 vote, reversed and remanded the Ninth Circuit's ruling on the grounds that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a "discharge of a pollutant" under the Clean Water Act.
Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 is a United States Second Circuit Court of Appeals case in which a public group of citizens, the Scenic Hudson Preservation Conference, organized and initiated legal action after the Federal Power Commission approved plans for Consolidated Edison to construct a power plant on Storm King Mountain, New York. The federal regulatory agency had denied that the environmental group could bring action, but the court disagreed, ruling that Scenic Hudson had legal standing because of their "special interest in aesthetic, conservational, and recreational aspects" of the mountain.
In order to insure that the Federal Power Commission will adequately protect the public interest in the aesthetic, conservational, and recreational aspects of power development, those who by their activities and conduct have exhibited a special interest in such areas must be held to be included in the class of 'aggrieved' parties under s. 313 (b). We hold that the Federal Power Act gives petitioners a legal right to protect their special interests.
Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission, 449 F.2d 1109, is a court case which provided the first important court interpretation of the National Environmental Policy Act (NEPA).
Private Fuel Storage LLC (PFS) was a nuclear power industry consortium organized to manage spent nuclear fuel based in La Crosse, Wisconsin. The plan was to store it above-ground in dry casks on the Goshute's Skull Valley Indian Reservation, Tooele County, Utah. It was withdrawn in 2012.
Train v. Natural Resources Defense Council, 421 U.S. 60 (1975), is a United States Supreme Court case in which the Court held that the EPA must approve a State Implementation Plan if it meets the criteria under the Clean Air Act.
