| No. 23-1300 Vide 23-1312 | |
| Title: | Nuclear Regulatory Commission, et al., Petitioners v. Texas, et al. |
| Docketed: | June 12, 2024 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (21-60743) |
| Decision Date: | August 25, 2023 |
| Rehearing Denied: | March 14, 2024 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 12 2024 | Petition for a writ of certiorari filed. (Response due July 12, 2024) |
| PetitionProof of Service | |
| Jul 02 2024 | Motion to extend the time to file a response from July 12, 2024 to August 21, 2024, submitted to The Clerk. |
| Main DocumentProof of Service | |
| Jul 03 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. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2024 | Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2024 | Brief of State Respondents in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2024 | DISTRIBUTED for Conference of 9/30/2024. |
| Sep 04 2024 | Reply of petitioners United States Nuclear Regulatory Commission, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Oct 04 2024 | Petition 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. |
| Oct 04 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.” |
| Oct 18 2024 | Motion for an extension of time to file the briefs on the merits filed. VIDED. |
| Main Document | |
| Oct 18 2024 | Motion 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. |
| 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 02 2024 | Brief of petitioner Interim Storage Partners, LLC filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 02 2024 | Brief of petitioners United States Nuclear Regulatory Commission, et al. filed. VIDED |
| Main DocumentProof of Service | |
| Dec 02 2024 | Joint appendix filed. VIDED. |
| Main DocumentProof of Service | |
| Dec 09 2024 | Brief amicus curiae of Holtec International filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 09 2024 | Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2024 | Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk. |
| Jan 13 2025 | CIRCULATED |
| Jan 15 2025 | Brief of respondent Fasken Land and Minerals, Ltd. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 15 2025 | Brief of respondents Texas, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 17 2025 | Motion for divided argument filed by United States Nuclear Regulatory Commission, et al. VIDED. |
| Main DocumentProof of Service | |
| Jan 21 2025 | Motion for divided argument filed by respondents. VIDED. |
| Main DocumentProof of Service | |
| Jan 22 2025 | Brief amici curiae of Permian Basin Petroleum Association, et al. filed. VIDED. (Distributed) |
| Main DocumentMain DocumentMain Document | |
| Jan 22 2025 | Brief amicus curiae of Beyond Nuclear, Inc. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2025 | Brief amici curiae of United States Senator Ted Cruz, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2025 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2025 | Brief amicus curiae of Idaho filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2025 | Brief amici curiae of New Mexico, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 22 2025 | Brief amicus curiae of City of Fort Worth filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 22 2025 | Brief amici curiae of Don’t Waste Michigan, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 22 2025 | Brief amici curiae of Utah, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Arnold Bradley Fagg Counsel of Record | Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 brad.fagg@morganlewis.com | 202-739-5191 |
| Party name: Interim Storage Partners, LLC | ||
| Sarah M. Harris Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States Nuclear Regulatory Commission, et al. | ||
| Attorneys for Respondents | ||
| David C. Frederick Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW, Suite 400 Washington, DC 20036-3209 DFREDERICK@KELLOGGHANSEN.COM | 202-326-7900 |
| Party name: Fasken Land and Minerals, Ltd. | ||
| Aaron Lloyd Nielson Counsel of Record | Office of the Texas Attorney General P.O. Box 12548 (MC-059) Austin, TX 78711-2548 aaron.nielson@oag.texas.gov | 512-936-1700 |
| Party name: State of Texas, Greg Abbott, and TCEQ | ||
| Other | ||
| Aletheia Vadin Pamela Allen Counsel of Record | New Mexico Office of the Attorney General 201 Third Street NW Suite 300 Albuquerque, NM 87102 aallen@nmdoj.gov | 5055272776 |
| Party name: New Mexico and Michigan | ||
| Laetitia Coleman Brown Counsel of Record | City of Fort Worth City's Attorney's Office 100 Fort Worth Trail Fort Worth, TX 76102 laetitia.coleman@fortworthtexas.gov | (817) 392-7600 |
| Party name: City of Fort Worth | ||
| Paul D. Clement Counsel of Record | Clement & Murphy, PLLC 706 Duke Street Alexandria, VA 22314 PAUL.CLEMENT@CLEMENTMURPHY.COM | (202) 742-8900 |
| Party name: Nuclear Energy Institute, Inc. | ||
| James Ryan Conde Counsel of Record | Boyden Gray PLLC 800 Connecticut Ave. NW, Suite 900 Washington, DC 20006 jconde@boydengray.com | 202 955 0620 |
| Party name: Permian Basin Petroleum Association and New Mexico Farm and Livestock Bureau | ||
| Diane J. Curran Counsel of Record | Harmon, Curran, Speilberg & Eisenburg, L.L.P. 1725 DeSales Street, N.W. Suite 500 Washington, DC 20036 dcurran@harmoncurran.com | 2403939285 |
| Party name: Beyond Nuclear, Inc. | ||
| Oliver James Dunford Counsel of Record | Pacific Legal Foundation 4440 PGA Boulevard Suite 307 Palm Beach Gardens, FL 33410 ODUNFORD@PACIFICLEGAL.ORG | 916.503.9060 |
| Party name: Pacific Legal Foundation | ||
| Alan Michael Hurst Counsel of Record | Idaho Office of the Attorney General 700 W. Jefferson Street Boise, ID 83720-0010 alan.hurst@ag.idaho.gov | 2089990910 |
| Party name: State of Idaho | ||
| Jason Ryan LaFond Counsel of Record | Scott Douglass & McConnico LLP 303 Colorado St Suite 2400 Austin, TX 78701 jlafond@scottdoug.com | 512.495.6338 |
| Party name: United States Senators Ted Cruz and John Cornyn, and Representatives Jodey Arrington, Henry Cuellar, August Pfluger, and Ronny Jackson | ||
| Anne Renee Leidich Counsel of Record | Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street NW Washington, DC 20036 anne.leidich@pillsburylaw.com | 202.663.8707 |
| Party name: Holtec International | ||
| Stanford Edward Purser Counsel of Record | Utah Attorney General's Office 160 E. 300 S., 5th Floor Salt Lake City, UT 84111 SPURSER@AGUTAH.GOV | 801-538-9600 |
| Party name: State of Utah and Six Other States | ||
| Wallace L. Taylor Counsel of Record | 4403 First Avenue NE Suite 402 Cedar Rapids, IA 52402 wtaylorlaw@aol.com | 3193662428 |
| Party name: Don’t Waste Michigan, et al. | ||