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TH38  Recent and Upcoming Federal Court Decisions That May Impact the NRC’s Regulatory Program

In recent years, some Supreme Court justices have raised significant questions regarding longstanding doctrines of administrative law and the relationship between the administrative state and the courts. Recent decisions of the U.S. Court of Appeals for the D.C. Circuit and other Federal courts have also raised such issues, some of which may eventually wind up before the Supreme Court. This session reviews recent and upcoming decisions of the Supreme Court and lower Federal courts that may be relevant to Federal regulatory agencies such as the NRC.  Issues include (1) Virginia Uranium, Inc. v. Warren, a case currently pending before the U.S. Supreme Court concerning the extent to which State laws regulating activities related to nuclear energy are preempted by the Atomic Energy Act of 1954, as amended; (2) another case pending before the Supreme Court, Kisor v. O'Rourke, in which the Court will decide whether it should overrule its earlier decisions granting deference to federal agencies’ interpretation of their regulations; and (3) other recent decisions concerning administrative law and federal agencies’ obligations under the National Environmental Policy Act.



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