Question Presented (from Petition)
1. 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.
2. 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.
Question Presented (AI Summary)
Whether the Hobbs Act allows nonparties to obtain review of agency orders that allegedly exceed statutory authority, and whether the Atomic Energy Act and Nuclear Waste Policy Act permit the Nuclear Regulatory Commission to license private entities for temporary spent nuclear fuel storage
2025-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of NRC v. Texas, 605 U. S. ___ (2025).
2025-06-23
DISTRIBUTED for Conference of 6/26/2025.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-09-11
Reply of Nuclear Regulatory Commission, et al. submitted.
2024-09-11
Reply of petitioners Nuclear Regulatory Commission, et al. filed. (Distributed)
2024-08-26
Brief of Fasken Land and Minerals, Ltd. in opposition submitted.
2024-07-19
Motion to extend the time to file a response is granted and the time is extended to and including August 26, 2024, for all respondents.
2024-07-18
Motion of Fasken Land and Minerals, Ltd. for an extension of time submitted.
2024-07-18
Motion 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.
2024-07-12
Amicus brief of Nuclear Energy Institute, Inc. submitted.
2024-06-25
Petition for a writ of certiorari filed. (Response due July 25, 2024)