Commission Takes a Stand on Terrorism

Yesterday, the NRC issued its first decisions on treatment of the terrorism issue under the National Environmental Policy Act ("NEPA") since the Supreme Court declined to review a Ninth Circuit Court of Appeals decision in San Luis Obispo Mothers for Peace v. NRC. In effect, the Commission has decided to "ignore" the Ninth Circuit decision to the extent possible and will persist in its position that NEPA does not require an analysis of terrorist attacks.