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Nuclear Regulatory Commission v. Texas

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1300 5th Cir. TBD 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)