Supreme Court of the United States · Official docket →
Nuclear Regulatory Commission, et al. v. Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-60743 · judgment August 25, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
Consolidated with 23-1312.
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Whether the Hobbs Act, 28 U.S.C. 2341 et seq., which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court of appeals, 28 U.S.C. 2344, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority.
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Whether the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101 et seq., permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.
Counsel of record
For petitioner
Arnold Bradley Fagg
Morgan, Lewis & Bockius LLP
For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage · 11 merits
(2 supporting pet./neither, 9 respondent)
Related
Vide, 23-1312
Argument & decision
Argued March 5, 2025 — Malcolm L. Stewart · Brad Fagg · Aaron L. Nielson · David C. Frederick. Audio and transcript
Decided June 18, 2025. Opinion by Kavanaugh.
Proceedings
- Jul 21 2025Judgment Issued.
- Jun 18 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. VIDED.
- Mar 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.
- Feb 14 2025Reply of petitioners Nuclear Regulatory Commission, et al. filed. VIDED. (Distributed)
- Feb 14 2025Reply of petitioner Interim Storage Partners, LLC filed. VIDED. (Distributed)
- Feb 12 2025Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
- Feb 12 2025Motion for divided argument filed by respondents GRANTED. VIDED.
- Jan 22 2025Brief amici curiae of Permian Basin Petroleum Association, et al. filed. VIDED. (Distributed)
- Jan 22 2025Brief amicus curiae of Beyond Nuclear, Inc. filed. VIDED. (Distributed)
- Jan 22 2025Brief amici curiae of United States Senator Ted Cruz, et al. filed. VIDED. (Distributed)
- Jan 22 2025Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)
- Jan 22 2025Brief amicus curiae of Idaho filed. VIDED. (Distributed)
- Jan 22 2025Brief amici curiae of New Mexico, et al. filed. VIDED. (Distributed)
- Jan 22 2025Brief amicus curiae of City of Fort Worth filed. VIDED. (Distributed)
- Jan 22 2025Brief amici curiae of Don’t Waste Michigan, et al. filed. VIDED. (Distributed)
- Jan 22 2025Brief amici curiae of Utah, et al. filed. VIDED. (Distributed)
- Jan 21 2025Motion for divided argument filed by respondents. VIDED.
- Jan 17 2025Motion for divided argument filed by the Solicitor General. VIDED.
- Jan 15 2025Brief of respondent Fasken Land and Minerals, Ltd. filed. VIDED. (Distributed)
- Jan 15 2025Brief of respondents Texas, et al. filed. VIDED. (Distributed)
- Jan 13 2025CIRCULATED
- Dec 23 2024Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
- Dec 09 2024Brief amicus curiae of Holtec International filed. VIDED.
- Dec 09 2024Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
- Dec 02 2024Brief of petitioner Interim Storage Partners, LLC filed. VIDED.
- Dec 02 2024Brief of petitioners Nuclear Regulatory Commission, et al. filed. VIDED
- Dec 02 2024Joint appendix filed. VIDED.
- Nov 27 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Nov 22 2024SET FOR ARGUMENT on Wednesday, March 5, 2025. VIDED.
- Oct 18 2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
- Oct 18 2024Motion 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.
- Oct 04 2024Petition 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 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.”
- Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 04 2024Reply of petitioners United States Nuclear Regulatory Commission, et al. filed. (Distributed)
- Aug 21 2024Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED.
- Aug 21 2024Brief of State Respondents in opposition filed. VIDED.
- Jul 12 2024Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
- 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 02 2024Motion to extend the time to file a response from July 12, 2024 to August 21, 2024, submitted to The Clerk.
- Jun 12 2024Petition for a writ of certiorari filed. (Response due July 12, 2024)