With Norman Carlin, Jay Silberg
The Ninth Circuit recently held in San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, No. 03-74628, 2006 WL 1511889 (9th Cir. June 2, 2006) ("Mothers for Peace") that, as a matter of law, the Nuclear Regulatory Commission ("NRC") erred in determining that the National Environmental Policy Act ("NEPA") does not require the agency to consider the potential environmental impacts of terrorist attacks at nuclear facilities.