Supreme Court of the United States · Official docket →
Public Watchdogs v. Southern California Edison Company, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-56531 · judgment December 29, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a business respondent.
Question presented
The burial and storage of nuclear waste in faulty canisters on a California beach significantly threatens public health and safety. Petitioner sought to enjoin the tortious conduct of private entities decommissioning the San Onofre nuclear plant, but the courts below dismissed its claims in favor of a Nuclear Regulatory Commission (“NRC”) forum that cannot provide appropriate relief. In Silkwood v. Kerr-McGee Corp., 464 U.S. 238, 248 (1984), this Court addressed an “important” issue “affect[ing] both the states’ traditional authority to provide tort remedies to its citizens and the federal government’s express desire to maintain exclusive regulatory authority over the safety aspects of nuclear power,” and concluded that state law claims and remedies are not wholly displaced by federal regulation. See also Cook v. Rockwell Int’l Corp., 790 F.3d 1088, 1098 (10th Cir. 2015) (Gorsuch, J.) (same). Recently, four Justices warned against allowing the Hobbs Act to exceed constitutional bounds and swallow up viable claims. PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051, 2057 (2019) (Kavanaugh, J., concurring). The decision below strips district courts of jurisdiction over private litigation against NRC licensees, contrary to the Hobbs Act’s language and purpose, this Court’s precedents, and multiple circuit courts. The question presented is: Whether the Hobbs Act deprives a federal district court of subject matter jurisdiction over state law and Price-Anderson Act claims asserted by a private actor against private party NRC licensees, on the ground such claims are “ancillary or incidental to” an NRC final order.
Counsel of record
For petitioner
Brian Eugene Casey
Barnes & Thornburg LLP
For respondent
Edward J Casey
Alston & Bird LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Dec 06 2021Motion for leave to file amicus brief filed by Environmental Advocacy Clinic at Northwestern Pritzker School of Law GRANTED.
- Dec 06 2021Petition DENIED.
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021Reply of petitioner Public Watchdogs filed. (Distributed)
- Nov 01 2021Brief of respondent United States in opposition filed.
- Oct 29 2021Brief of respondents Southern California Edison Company, et al. in opposition filed.
- Sep 28 2021The motions to extend the time to file a response are granted and the time is further extended to and including November 1, 2021, for all respondents. (Docket entry corrected 9/29/21)
- Sep 27 2021Motion of the Acting Solicitor General to extend the time to file a response from October 1, 2021 to November 1, 2021, submitted to The Clerk.
- Sep 27 2021Motion of Southern California Edison Company, et al. to extend the time to file a response from October 1, 2021 to November 1, 2021, submitted to The Clerk.
- Aug 26 2021The motions to extend the time to file a response are granted and the time is extended to and including October 1, 2021, for all respondents.
- Aug 25 2021Motion of the Acting Solicitor General to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
- Aug 25 2021Motion of Southern California Edison Company, et al. to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
- Aug 02 2021Response Requested. (Due September 1, 2021)
- Jul 14 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 01 2021Waiver of right of respondent United States to respond filed.
- Jul 01 2021Motion for leave to file amici brief filed by Environmental Advocacy Clinic at Northwestern Pritzker School of Law.
- Jun 16 2021Waiver of right of respondent Southern California Edison Company, SanDiego Gas & Electric Company, and Sempra Energy to respond filed.
- Jun 08 2021Blanket Consent filed by Petitioner, Public Watchdogs.
- May 28 2021Petition for a writ of certiorari filed. (Response due July 2, 2021)