| 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 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. |
| 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 | ||
| Elizabeth B. Prelogar Counsel of Record | 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 | ||
| 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 | ||
| 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. | ||