Judge Merrick B. Garland, who is Chief of the D.C. Circuit, dissented, quoting a leading case from 1936 ruling that “courts will not issue the writ to do a useless thing, even though technically to uphold a legal right.” Garland added that, “Unfortunately, granting the writ in this case will indeed direct the Nuclear Regulatory Commission to do ‘a useless thing,’” because there is not enough money left to complete the safety review.
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