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Interim Storage Partners, LLC v. Texas

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1312 5th Cir. TBD TBD TBD TBD OT 2024

Issue: (1) Whether the Nuclear Regulatory Commission"s exercise of authority to issue a license to a private party to temporarily possess spent nuclear fuel at a location away from an operating nuclear power reactor was lawful under the applicable statutes; and (2) whether, notwithstanding an allegation of "ultra vires" agency action, a person must take steps to become a "party" to an agency proceeding under the Hobbs Act in order to then subsequently challenge the agency action resulting from that proceeding in court, or whether an allegation of "ultra vires" agency action can instead override statutory limitations on jurisdiction.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/12/2024Petition for a writ of certiorari filed. (Response due July 15, 2024)
07/02/2024Motion to extend the time to file a response from July 15, 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.
08/30/2024Reply of petitioner Interim Storage Partners, LLC filed. (Distributed)
09/04/2024DISTRIBUTED for Conference of 9/30/2024.
10/04/2024Petition 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.
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.”
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.
12/23/2024Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
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.