Nuclear Regulatory Commission v. Fasken Land and Minerals, Ltd.
Petition for writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 5th Circuit for further consideration in light of Nuclear Regulatory Commission v. Texas on June 30, 2025.
Issue: (1) Whether the Hobbs Act, which authorizes a "party aggrieved" by an agency"s "final order" to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency"s statutory authority; and (2) whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.
| Date | Proceedings and Orders |
|---|---|
| 06/25/2024 | Petition for a writ of certiorari filed. (Response due July 25, 2024) |
| 07/12/2024 | Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED. |
| 07/18/2024 | Motion of respondent Fasken Land and Minerals, Ltd. to extend the time to file a response from July 25, 2024 to August 26, 2024, submitted to The Clerk. |
| 07/19/2024 | Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2024, for all respondents. |
| 08/26/2024 | Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED. |
| 09/11/2024 | DISTRIBUTED for Conference of 9/30/2024. |
| 09/11/2024 | Reply of petitioners Nuclear Regulatory Commission, et al. filed. (Distributed) |
| 06/23/2025 | DISTRIBUTED for Conference of 6/26/2025. |
| 06/30/2025 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of NRC v. Texas, 605 U. S. ___ (2025). |