Hearing decision delayed, page-10

TJH11 - Your post is really quite silly!

First you say that "You put your name on the line in stating that this wasn't going to be a formality and you were clearly wrong"

That is just nonsense and demonstrates a complete ignorance of the legal process. The process was far from a 'formality'. It has been, instead, an intensely fought litigation over two years. Ask Gus how much he has spent on legal fees. It is hundreds of thousands of dollars at a minimum. You don't spend that on a 'formality'. Without defending the case trenchantly, it could well have gone the other way. But they did defend it well - with a top legal team. And they needed to, as they had serious competition - including a number of academic scientists providing written and verbal testimony.



You also said "do you once again stand by this new "appeals" claim or will you yourself finally see that these contentions are dead and buried along with a lot of everyone's time here discussing them"

You clearly have not read the Initial Decision. That's what it is - an initial decision, not a FINAL decision, not yet. The litigation is clearly NOT "dead and buried"  until it is clear that the contenders will not be seeking a 'petition for review' and potentially, after that,  a 'judicial review'.

As Part B of the Order states:

"In accordance with 10 C.F.R. § 2.1210, this initial decision will constitute a final decision of the Commission 120 days from the date of issuance (or the first agency business day following that date if it is a Saturday, Sunday, or federal holiday, see 10 C.F.R. § 2.306(a)), i.e., on Tuesday, May 26, 2015 , unless a petition for review is filed in accordance with 10 C.F.R. § 2.1212, or the Commission directs otherwise. Any party wishing to file a petition for review on the grounds specified in 10 C.F.R. § 2.341(b)(4) must do so within twenty-five (25) days after service of this initial decision.

The filing of a petition for review is mandatory for a party to have exhausted its administrative remedies before seeking judicial review. Within 25 days after service of a petition for review parties to the proceeding may file an answer supporting or opposing Commission review. Any petition for review and any answer shall conform to the requirements of 10 C.F.R. § 2.341(b)(2)-(3)"

Bottom line - the Initial Decision is a victory for PEN and that is great - but the process is far from a 'formality' and it is not yet 'dead and buried'.