ML21287A644
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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 JOINT MOTION TO GOVERN FUTURE PROCEEDINGS Pursuant to this Courts Order that the parties file motions to govern future proceedings, as amended by the extension of time granted on September 24, 2021, ordering the parties to file such motions by October 12, 2021, the parties in the above-captioned consolidated matters1 along with intervenor Interim Storage Partners, LLC (ISP) (collectively the Parties), through undersigned counsel, jointly submit the foregoing motion for the Courts consideration.
1 Parties include Petitioners Dont Waste Michigan, et al. (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); Beyond Nuclear, Inc.; Sierra Club; and Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners (Fasken) and Respondents United States Nuclear Regulatory Commission (NRC) and the United States of America (U.S.).
USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 1 of 7
2 Taking into account the diversity of represented interests among the Petitioners, the number and breadth of underlying claims, and the complexity of the legal and factual issues presented, the Parties submit the following proposal for scheduling and format of briefing to govern future proceedings in the above-captioned matters:
- 1.
Consistent with Fed. R. App. P. 30 and D.C. Cir. Rule 30, the Parties agree and jointly request leave to file and utilize a deferred appendix for briefing.
- 2.
The Petitioners propose, and the Respondents do not object to, the following word limits for briefing:2
- Petitioners initial briefs shall be limited to 30,000 words in the aggregate;3
- Respondents brief(s) shall be limited to 30,000 words in the aggregate;
- Any intervenors brief(s) shall be limited to 9,100 words in the aggregate; and
- Petitioners reply briefs shall be limited to 15,000 words in the aggregate.
- 3.
The Parties propose the following schedule:
2 Respondents believe that briefing can be accomplished within word limits allotted for two initial briefs (i.e., 26,000 words), but do not object to this proposal, as long they receive an equal number of words in their brief as Petitioners do in their primary brief. Petitioners do not believe a briefing word limit of 26,000 is adequate.
3 Petitioners anticipate filing three separate briefs, and will divide the aggregate word limit among themselves. Respondents intend to file a single joint brief responding to Petitioners initial briefs.
USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 2 of 7
3
- Petitioners shall file all docketing statements and preliminary forms on or before November 8, 2021. Petitioners shall also file any amendments to their petitions for review by that date.
- Respondents shall file a certified index of the official administrative record on or before December 1, 2021.
- Petitioners shall file initial briefs in support of their respective petitions for review on or before January 20, 2022.
- Respondents shall file their brief on or before April 8, 2022.4
- Intervenor ISP shall file its brief on or before April 22, 2022.
- Petitioners shall file reply briefs on or before May 23, 2022.
- The deferred joint appendix will be due June 6, 2022.
- Final briefs will be due June 13, 2022.
Dated: October 12, 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 4 Petitioners have agreed to an April 8, 2022 filing date for Respondents brief on the assumption that the Court will grant their unopposed request for a 30,000 word limit in the aggregate. If the Court does not grant Petitioners request, Petitioners believe Respondents briefing can be accomplished within 60 days. The U.S. and NRC object to a reply period of 60 days).
USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 3 of 7
4 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
/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 USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 4 of 7
5 Suite 326 Cedar Rapids, IA 52401 319-366-2428 wtaylorlaw@aol.com Counsel for Sierra Club Petitioners
/s/ Andrew P. Averbach ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 301-415-1956 andrew.averbach@nrc.gov Counsel for Respondent United States Nuclear Regulatory Commission
/s/ Justin D. Heminger TODD KIM Assistant Attorney General JUSTIN D. HEMINGER Attorney Environment and Natural Resources Div.
U.S. Department of Justice Post Office Box 7415 Washington, D.C. 20044 (202) 514-5442 justin.heminger@usdoj.gov Counsel for Respondent United States of America
/s/ Brad Fagg Brad Fagg MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave., N.W.
Washington, DC 20004 USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 5 of 7
6 (202) 739-5171 brad.fagg@morganlewis.com Counsel for Intervenor Interim Storage Partners, LLC USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 6 of 7
7 CERTIFICATE OF COMPLIANCE The foregoing Joint Motion to Govern Proceedings 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 Joint Motion contains 779 words.
/s/ Allan Kanner Allan Kanner KANNER & WHITELEY, LLC Counsel for Fasken Petitioners USCA Case #21-1048 Document #1917672 Filed: 10/12/2021 Page 7 of 7