ML21271A229
| ML21271A229 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 09/22/2021 |
| From: | Curran D, Goldstein M, Kanner A, Lodge T, Perales M, Taylor W, Tennis A Don't Waste Michigan, Emory Univ School of Law, Fasken Land & Minerals, Ltd, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Kanner & Whiteley, Law Offices of Terry Jonathan Lodge, Law Offices of Wallace L. Taylor, Sierra Club |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1915297, 21-1048, 21-1055, 21-1056, 21-1179 | |
| Download: ML21271A229 (6) | |
Text
1 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DONT WASTE MICHIGAN, et al.,
Petitioners,
- v.
UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA, Respondents.
Case No. 21-1048 Consolidated with Case Nos.
21-1055, 21-1056, 21-1179 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTIONS TO GOVERN FUTURE PROCEEDINGS Pursuant to D.C. Cir. Rule 27(h), consolidated Petitioners1 in the above-referenced matters, through undersigned counsel, respectfully submit the foregoing unopposed motion requesting a fourteen (14) day extension of time to file motions to govern future proceedings until October 11, 2021. In support of their motion, Petitioners state the following:
On February 2, 2021, Dont Waste Michigan, et al.s Petition for Review was docketed as Case No. 21-1048.
1 Petitioners include the following: Dont Waste Michigan, Citizens Environmental Coalition, Citizens for Alternatives to Chemical Contamination, Nuclear Energy Information Service, Public Citizen, Inc., San Luis Obispo Mothers for Peace, Sustainable Energy and Economic Development Coalition and Leona Morgan, individually (Dont Waste Michigan et al.); Beyond Nuclear, Inc.
(Beyond Nuclear); Sierra Club; and Fasken Land and Minerals, Ltd. And Permian Basin Land and Royalty Owners (Fasken).
USCA Case #21-1048 Document #1915297 Filed: 09/22/2021 Page 1 of 6
2 On February 9, 2021, Sierra Clubs Petition for Review was docketed as Case No. 21-1055.
On February 10, 2021, Beyond Nuclears Petition for Review was docketed as Case No. 21-1056.
On March 5, 2021, the Clerk consolidated Sierra Clubs and Beyond Nuclears cases with Dont Waste Michigan et al. See Case No. 21-1048, Doc.
- 1888644. It was further ordered that the consolidated cases be held in abeyance and parties were directed to file motions to govern future proceedings within 30 days of the completion of the agency proceedings.2 Id.
On August 20, 2021, Faskens Petition for Review was docketed as Case No.
21-1179.
Subsequently on August 26, 2021, the Clerk consolidated Faskens case with Dont Waste Michigan et al. See Case No. 21-1048, Doc. #1911723. It was further ordered by the Court that the parties file motions to govern future proceedings in this case by September 27, 2021. Id.
For purposes of this filing, parties in the above-referenced matters assume that the August 26, 2021 directive supersedes the March 5, 2021 directive. While the parties have made progress in their discussions relating to the filing of motions to 2 On September 13, 2021, the agency (the United Stated Nuclear Regulatory Commission) filed its record of decision and issued a license to Interim Storage Partners LLC.
USCA Case #21-1048 Document #1915297 Filed: 09/22/2021 Page 2 of 6
3 govern future proceedings, additional time is needed to reach a consensus and provide this Court with the best possible information moving forward.
To that end, all parties have consented to the foregoing request for an extension of time until October 11, 2021 to file motions to govern future proceedings.
Dated: September 22, 2021.
Respectfully submitted, KANNER & WHITELEY, LLC
/s/ Allan Kanner Allan Kanner, Esq.
Annemieke M. Tennis, Esq.
701 Camp Street New Orleans, Louisiana 70130 (504) 524 - 5777 a.kanner@kanner-law.com a.tennis@kanner-law.com Monica Renee Perales, Esq.
6101 Holiday Hill Road Midland, TX 79707 Phone (432)687-177 monicap@forl.com Counsel for Fasken Petitioners
/s/ Diane Curran HARMON, CURRAN, SPIELBERG
& EISENBERG, L.L.P.
1725 DeSales St. N.W., Ste. 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com USCA Case #21-1048 Document #1915297 Filed: 09/22/2021 Page 3 of 6
4
/s/ Mindy Goldstein Turner Environmental Law Clinic Emory University School of Law 1301 Clifton Road Atlanta, GA 30322 404-727-3432 magolds@emory.edu Counsel for Beyond Nuclear Petitioners
/s/ Terry Jonathan Lodge Law Office of Terry J. Lodge 316 N. Michigan St.
Suite 520 Toledo, OH 43624 419-255-7552 Tjlodge50@yahoo.com Counsel for Dont Waste Michigan et al.
Petitioners
/s/ Wallace L. Taylor Law Offices of Wallace L. Taylor 118 3rd Ave. SE Suite 326 Cedar Rapids, IA 52401 319-366-2428 wtaylorlaw@aol.com Counsel for Sierra Club Petitioners USCA Case #21-1048 Document #1915297 Filed: 09/22/2021 Page 4 of 6
5 CERTIFICATE OF SERVICE I hereby certify that the electronic original of the foregoing Unopposed Motion for Extension of Time to File Motions to Govern Future Proceedings was filed with the United States Court of Appeals for the D.C. Circuit on this 21st day of September, 2021, through the Courts CM/ECF electronic filing system, and thus also served on counsel of record.
/s/ Allan Kanner Allan Kanner KANNER & WHITELEY, LLC Counsel for Fasken Petitioners USCA Case #21-1048 Document #1915297 Filed: 09/22/2021 Page 5 of 6
6 CERTIFICATE OF COMPLIANCE The foregoing Unopposed Motion complies with the typeface requirements of Fed. R. App. P. 32(a)(5); the type-style requirements of Fed. R. App. P. 32(a)(6); the length limitation set forth in F. R. App. P. 27(d)(2)(a); and the applicable rules for the U.S. Court of Appeals for the District of Columbia Circuit. The Unopposed Motion was prepared in 14-point, double spaced Times New Roman font using Microsoft Word 2016. The Motion Response contains 486 words.
/s/ Allan Kanner Allan Kanner KANNER & WHITELEY, LLC Counsel for Fasken Petitioners USCA Case #21-1048 Document #1915297 Filed: 09/22/2021 Page 6 of 6