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Interim Storage Partners, LLC v. Texas

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Consolidated with:

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

Issues: (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)
Jun 12 2024Petition for a writ of certiorari filed. (Response due July 15, 2024)
Jul 02 2024Motion to extend the time to file a response from July 15, 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.
Aug 30 2024Reply of petitioner Interim Storage Partners, LLC filed. (Distributed)
Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 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.
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.”