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Interim Storage Partners, LLC v. Texas

Consolidated with Nuclear Regulatory Commission v. Texas (23-1300)
Docket No.23-1312
Op. Below5th Cir.
ArgumentMar 5, 2025

Holding

Entities who were not parties to a Nuclear Regulatory Commission’s licensing proceeding are not entitled to obtain judicial review of the commission’s licensing decision under the Hobbs Act.

Judgment

Reversed and remanded, 6-3, in an opinion by Brett Kavanaugh on Jun 18, 2025. Justice Gorsuch filed a dissenting opinion, joined by Justices Thomas and Alito.

Proceedings & orders timeline

Jun 12, 2024
Petition for a writ of certiorari filed. (Response due July 15, 2024)
Jul 2, 2024
Motion to extend the time to file a response from July 15, 2024 to August 21, 2024, submitted to The Clerk.
Jul 3, 2024
Motion 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, 2024
Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
Aug 21, 2024
Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED.
Aug 21, 2024
Brief of State Respondents in opposition filed. VIDED.
Aug 30, 2024
Reply of petitioner Interim Storage Partners, LLC filed. (Distributed)
Sep 4, 2024
DISTRIBUTED for Conference of 9/30/2024.
Oct 4, 2024
Petition GRANTED. The petition for a writ of certiorari in No. 23-1300 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 4, 2024
Because 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.”
Nov 22, 2024
SET FOR ARGUMENT on Wednesday, March 5, 2025. VIDED.
Nov 27, 2024
Record requested from the United States Court of Appeals for the Fifth Circuit.
Dec 23, 2024
Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
Mar 5, 2025
Argued. For petitioners in 23-1300: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioner in 23-1312: Brad Fagg, Washington, D. C. For respondents Texas, et al.: Aaron L. Nielson, Solicitor General, Austin, Tex. For respondent Fasken Land and Minerals, Ltd.: David C. Frederick, Washington, D. C. VIDED.
Jun 18, 2025
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. VIDED.
Jul 21, 2025
Judgment Issued.

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