Supreme Court Decision weakens APA and the power of the Nuclear Regulatory Commission

The Chevron doctrine is dead.  On June 28, 2024, a new Supreme Court Decision  put long overdue limits on the Nuclear Regulatory Commission (NRC) and its power to ignore regulatory law on behalf of the big utilities it regulates.

The Chevron doctrine asserted that if a federal law is ambiguous or has an “administrative gap,” then the courts must defer to the regulatory agency’s interpretation.  This has limited the ability of Public Watchdogs to succeed in Federal Court.

The Chevron Doctrine granted almost unlimited power of regulatory agencies to flout the law by regulating through “exemptions from the law.”  For example, by using the questionable power of legal exemptions, the NRC has allowed the owners of the failed San Onofre Nuclear Generating Station (SONGS) to ignore vital safety regulations with impunity.

For a more thorough explanation of how the NRC has exempted the defunct SONGS power plant from legally required safety requirements read our  report Radiological Regulatory failure. 

Radiological Regulatory Failure: A Public Watchdogs Whitepaper on Radioactive Emergency Planning at SONGS

This report exposes Southern California Edison and the Nuclear Regulatory Commission for lax enforcement of common-sense safety precautions against terrorist threats, earthquakes, and tsunamis.  The NRC no longer enforces the law, rather it issues exemptions to federal laws.    Get the report here.

Watch video here.   Get radio interview here.  Get June 16 Reader story here

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