Supreme Court of the United States · Official docket →
Beyond Nuclear, Inc. v. Nuclear Regulatory Commission, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-1187 · judgment August 27, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Do the Administrative Procedure Act and the constitutional separation of powers doctrine prohibit an agency from issuing a license conditioned on Congress’ anticipated wholesale reversal of an unequivocal statutory prohibition, and in turn, using the anticipatory nature of such condition to shield that license from judicial review?
Counsel of record
For petitioner
Mindy Anne Goldstein
Turner Environmental Law Clinic
For respondent
Anne Renee Leidich
Pillsbury Winthrop Shaw Pittman LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 12 2025Reply of petitioner Beyond Nuclear, Inc. filed.
- Dec 04 2025Brief amici curiae of New Mexico, et al. filed.
- Dec 04 2025Brief of respondent Holtec International in opposition filed.
- Dec 01 2025Waiver of right of respondent United States Nuclear Regulatory Commission and The United States of America to respond filed.
- Oct 31 2025Petition for a writ of certiorari filed. (Response due December 4, 2025)