Hypothetical Case

Background: The Nuclear Regulatory Commissions (NRC) regulations require licensees (i.e., nuclear power plants) to be able to defend their facilities against a commando attack by skilled attackers with automatic weapons, hand-carried explosive and incapacitating agents, and with the assistance of an insider and use of a four-wheel drive vehicle.  In periodic mock exercises nearly half the plants failed to repel such attacks.  Although nuclear power plants were not designed to withstand an intentional attack from a large commercial airliner, the NRC is undertaking a detailed engineering analysis of the consequences of such an attack.

Questions 1 (10%):  A local citizens group has sued the NRC for failing to consider the impacts of and alternatives for a terrorist attack in their latest Environmental Impact Statement for the re-licensing of the Neighborhood Nuclear Power Plant.  You are the judge writing for the majority in this case on appeal what is your decision and reasons?  Be sure to support your decision with relevant case law, statutes, regulations, and/or other material.

Question 2 (10%): You are now the justice who writes an angry dissent to the majoritys opinion in #1 above.  Explain the reasons for your dissent and support it with case law, statutes, regulations, and/or other material.

Can only use this source below and must have 3 references within it.

Robert V. Percival et al., Environmental Regulation: Law, Science, and Policy (Alphen aan den Rijn: Wolters Kluwer Law & Business, 2017),

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