Nrc

The Nuclear Information and Resource Service, Committee to Bridge the Gap, Public Citizen, Inc., and Redwood Alliance (collectively NIRS) challenge the Nuclear Regulatory Commission’s (NRC) rulemak-ing, which revised regulations governing the exemption standards for the transportation of radioactive material. NIRS argues that NRC failed to comply with its obligations under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332 , by not preparing an Environmental Impact Statement (EIS) and making a finding of no significant impact (FONSI) without basis. We are obligated before reaching the merits of NIRS’s NEPA challenge to determine whether NIRS has standing to bring its complaint in federal court. We conclude that it does not, and we therefore dismiss NIRS’s petition for review.

I

NRC and the Department of Transportation (DOT) co-regulate the transporta tion of radioactive material in the United States. NRC is authorized to regulate the use and possession of nuclear materials, which it does by prescribing regulations for its licensees’ packaging and transport of such materials. See 42 U.S.C. § 2201 (b); 10 C.F.R. § 71.0 . DOT is authorized to designate material as…