Up & Atom

KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
As fiscal year 2024 approaches, a partial government shutdown looms on the horizon once more. This would be the first partial government shutdown since the 36-day shutdown that began in late December 2018 and ended on January 25, 2019. While the NRC was unaffected by that shutdown because its FY 2019 budget had been enacted, at this time Congress has not passed any of the annual appropriation bills for FY 2024, including that for the NRC.
President Joe Biden has elevated Democratic Commissioner Christopher T. Hanson to serve as Chairman of the US Nuclear Regulatory Commission (NRC). Mr. Hanson succeeds former Republican Chairman Christine Svinicki—the longest-serving Commissioner in the history of the agency—who stepped-down on January 20, 2021. Although timing is uncertain, President Biden also is expected to nominate a fifth Commissioner to fill the former Chair’s vacant seat. If that pick shares Chairman Hanson’s views, the agency’s longstanding threshold for intervenor challenges to license applications could be overturned.
In a recent lawflash, our colleagues in the litigation and environmental practice analyze the implications of the recent DC Circuit ruling in favor of the EPA’s national priorities listing (NPL) decisions.