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Nuclear Regulatory Commission v. Texas

Consolidated with:

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

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/12/2024Petition for a writ of certiorari filed. (Response due July 12, 2024)
07/02/2024Motion to extend the time to file a response from July 12, 2024 to August 21, 2024, submitted to The Clerk.
07/03/2024Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024, for all respondents.
07/12/2024Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
08/21/2024Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED.
08/21/2024Brief of State Respondents in opposition filed. VIDED.
09/04/2024DISTRIBUTED for Conference of 9/30/2024.
09/04/2024Reply of petitioners United States Nuclear Regulatory Commission, et al. filed. (Distributed)
10/04/2024Petition 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.
10/04/2024Because 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.”
10/18/2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
10/18/2024Motion 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.
11/22/2024SET FOR ARGUMENT on Wednesday, March 5, 2025. VIDED.
11/27/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
12/02/2024Brief of petitioner Interim Storage Partners, LLC filed. VIDED.
12/02/2024Brief of petitioners Nuclear Regulatory Commission, et al. filed. VIDED
12/02/2024Joint appendix filed. VIDED.
12/09/2024Brief amicus curiae of Holtec International filed. VIDED.
12/09/2024Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
12/23/2024Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
01/13/2025CIRCULATED
01/15/2025Brief of respondent Fasken Land and Minerals, Ltd. filed. VIDED. (Distributed)
01/15/2025Brief of respondents Texas, et al. filed. VIDED. (Distributed)
01/17/2025Motion for divided argument filed by the Solicitor General. VIDED.
01/21/2025Motion for divided argument filed by respondents. VIDED.
01/22/2025Brief amici curiae of Permian Basin Petroleum Association, et al. filed. VIDED. (Distributed)
01/22/2025Brief amicus curiae of Beyond Nuclear, Inc. filed. VIDED. (Distributed)
01/22/2025Brief amici curiae of United States Senator Ted Cruz, et al. filed. VIDED. (Distributed)
01/22/2025Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)
01/22/2025Brief amicus curiae of Idaho filed. VIDED. (Distributed)
01/22/2025Brief amici curiae of New Mexico, et al. filed. VIDED. (Distributed)
01/22/2025Brief amicus curiae of City of Fort Worth filed. VIDED. (Distributed)
01/22/2025Brief amici curiae of Don’t Waste Michigan, et al. filed. VIDED. (Distributed)
01/22/2025Brief amici curiae of Utah, et al. filed. VIDED. (Distributed)
02/12/2025Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
02/12/2025Motion for divided argument filed by respondents GRANTED. VIDED.
02/14/2025Reply of petitioners Nuclear Regulatory Commission, et al. filed. VIDED. (Distributed)
02/14/2025Reply of petitioner Interim Storage Partners, LLC filed. VIDED. (Distributed)
03/05/2025Argued. 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.