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Nuclear Regulatory Commission v. Texas

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1300 5th Cir. Mar 5, 2025
 TBD TBD TBD OT 2024

Issues: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 12 2024Petition for a writ of certiorari filed. (Response due July 12, 2024)
Jul 02 2024Motion to extend the time to file a response from July 12, 2024 to August 21, 2024, submitted to The Clerk.
Jul 03 2024Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024, for all respondents.
Jul 12 2024Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
Aug 21 2024Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED.
Aug 21 2024Brief of State Respondents in opposition filed. VIDED.
Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
Sep 04 2024Reply of petitioners United States Nuclear Regulatory Commission, et al. filed. (Distributed)
Oct 04 2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1312 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 04 2024Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1300. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1300. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 18 2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
Oct 18 2024Motion to extend the time to file the briefs on the merits granted. The time to file petitioners' briefs on the merits and the joint appendix is extended to and including December 2, 2024. The time to file respondents' briefs on the merits is extended to and including January 15, 2025. VIDED.
Nov 27 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Dec 02 2024Brief of petitioner Interim Storage Partners, LLC filed. VIDED.
Dec 02 2024Brief of petitioners United States Nuclear Regulatory Commission, et al. filed. VIDED
Dec 02 2024Joint appendix filed. VIDED.
Dec 09 2024Amicus brief of Holtec International submitted.
Dec 09 2024Amicus brief of Nuclear Energy Institute, Inc. submitted.