| No. 23-1300 Vide 23-1312 |
|
| Title: |
Nuclear Regulatory Commission, et al., Petitioners v. Texas, et al. |
| Docketed: | June 12, 2024 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (21-60743) |
| Decision Date: | August 25, 2023 |
| Rehearing Denied: | March 14, 2024 |
| Questions Presented | |
| Jun 12 2024 | Petition for a writ of certiorari filed. (Response due July 12, 2024) Petition Proof of Service |
| Jul 02 2024 | Motion to extend the time to file a response from July 12, 2024 to August 21, 2024, submitted to The Clerk. Main Document Proof of Service |
| Jul 03 2024 | Motion 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 12 2024 | Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Aug 21 2024 | Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 21 2024 | Brief of State Respondents in opposition filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Sep 04 2024 | DISTRIBUTED for Conference of 9/30/2024. |
| Sep 04 2024 | Reply of petitioners United States Nuclear Regulatory Commission, et al. filed. (Distributed) Main Document Proof of Service |
| Oct 04 2024 | Petition 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 2024 | Because 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.” |
| Oct 18 2024 | Motion for an extension of time to file the briefs on the merits filed. VIDED. Main Document |
| Oct 18 2024 | Motion 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. |
| Nov 22 2024 | SET FOR ARGUMENT on Wednesday, March 5, 2025. VIDED. |
| Nov 27 2024 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| Dec 02 2024 | Brief of petitioner Interim Storage Partners, LLC filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Dec 02 2024 | Brief of petitioners Nuclear Regulatory Commission, et al. filed. VIDED Main Document Proof of Service |
| Dec 02 2024 | Joint appendix filed. VIDED. Main Document Proof of Service |
| Dec 09 2024 | Brief amicus curiae of Holtec International filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Dec 09 2024 | Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Dec 23 2024 | Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk. |
| Jan 13 2025 | CIRCULATED |
| Jan 15 2025 | Brief of respondent Fasken Land and Minerals, Ltd. filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Jan 15 2025 | Brief of respondents Texas, et al. filed. VIDED. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Jan 17 2025 | Motion for divided argument filed by the Solicitor General. VIDED. Main Document Proof of Service |
| Jan 21 2025 | Motion for divided argument filed by respondents. VIDED. Main Document Proof of Service |
| Jan 22 2025 | Brief amici curiae of Permian Basin Petroleum Association, et al. filed. VIDED. (Distributed) Main Document Main Document Main Document |
| Jan 22 2025 | Brief amicus curiae of Beyond Nuclear, Inc. filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Jan 22 2025 | Brief amici curiae of United States Senator Ted Cruz, et al. filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Jan 22 2025 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Jan 22 2025 | Brief amicus curiae of Idaho filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Jan 22 2025 | Brief amici curiae of New Mexico, et al. filed. VIDED. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Jan 22 2025 | Brief amicus curiae of City of Fort Worth filed. VIDED. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Jan 22 2025 | Brief amici curiae of Don’t Waste Michigan, et al. filed. VIDED. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Jan 22 2025 | Brief amici curiae of Utah, et al. filed. VIDED. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Feb 12 2025 | Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED. |
| Feb 12 2025 | Motion for divided argument filed by respondents GRANTED. VIDED. |
| Feb 14 2025 | Reply of petitioners Nuclear Regulatory Commission, et al. filed. VIDED. (Distributed) Main Document Proof of Service |
| Feb 14 2025 | Reply of petitioner Interim Storage Partners, LLC filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Mar 05 2025 | Argued. 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. |
| Jun 18 2025 | Judgment 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. |
| Jul 21 2025 | Judgment Issued. Main Document |