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Docket for 23-1312
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No. 23-1312
Vide 23-1300
 
Title: Interim Storage Partners, LLC, Petitioner
v.
Texas, et al.
Docketed: June 14, 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
 
Proceedings and Orders
Jun 12 2024 Petition for a writ of certiorari filed. (Response due July 15, 2024)
Petition Appendix Certificate of Word Count Proof of Service
Jul 02 2024 Motion to extend the time to file a response from July 15, 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 Certificate of Word Count Proof of Service
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
Aug 30 2024 Reply of petitioner Interim Storage Partners, LLC filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Sep 04 2024 DISTRIBUTED for Conference of 9/30/2024.
Oct 04 2024 Petition GRANTED. The petition for a writ of certiorari in No. 23-1300 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.”
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 23 2024 Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
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
Attorneys
Attorneys for Petitioners
Arnold Bradley Fagg
Counsel of Record
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004

brad.fagg@morganlewis.com
Ph: 202-739-3000
Party name: Interim Storage Partners, LLC


Attorneys for Respondents
David C. Frederick
Counsel of Record
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, NW, Suite 400
Washington, DC 20036-3209

DFREDERICK@KELLOGGHANSEN.COM
Ph: 202-326-7900
Party name: Fasken Land and Minerals, Ltd.


Aaron Lloyd Nielson
Counsel of Record
Office of the Texas Attorney General
P.O. Box 12548 (MC-059)
Austin, TX 78711-2548

aaron.nielson@oag.texas.gov
Ph: 512-936-1700
Party name: Texas, Greg Abbott, and TCEQ


D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Other Attorneys
Paul D. Clement
Counsel of Record
Clement & Murphy, PLLC
706 Duke Street
Alexandria, VA 22314

PAUL.CLEMENT@CLEMENTMURPHY.COM
Ph: (202) 742-8900
Party name: Nuclear Energy Institute, Inc.


 

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