Supreme Court of the United States · Official docket →
Nuclear Regulatory Commission, et al. v. Fasken Land and Minerals, Ltd., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-60377 · judgment March 27, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.
Questions presented
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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 nuclearreactor sites where the spent fuel was generated. (I)
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Proceedings
- Aug 01 2025Judgment Issued.
- Jun 30 2025Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of NRC v. Texas, 605 U. S. ___ (2025).
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 11 2024Reply of petitioners Nuclear Regulatory Commission, et al. filed. (Distributed)
- Aug 26 2024Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED.
- Jul 19 2024Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2024, for all respondents.
- Jul 18 2024Motion of respondent Fasken Land and Minerals, Ltd. to extend the time to file a response from July 25, 2024 to August 26, 2024, submitted to The Clerk.
- Jul 12 2024Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.
- Jun 25 2024Petition for a writ of certiorari filed. (Response due July 25, 2024)