ML21327A351

11-19-21 Briefing Notice (5th Cir.)(Case No. 21-60743)

ML21327A351
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	11/19/2021
From:	Cayce L, Lopez A US Federal Judiciary, Court of Appeals, 5th Circuit
To:	Abrams M, Andrew Averbach, Baasch R NRC/OGC, State of TX, Office of the Attorney General
References
00516101036, 21-60743
Download: ML21327A351 (3)

Text

Case: 21-60743 Document: 00516101036 Page: 1 Date Filed: 11/19/2021 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE TEL. 504-310-7700 CLERK 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 November 19, 2021 Mr. Michael Abrams Mr. Ryan Baasch Mr. Henry Carl Myers Office of the Attorney General General Litigation Division P.O. Box 12548 Austin, TX 78711-2548 No. 21-60743 State of Texas v. NRC Agency No. 72-1050

Dear Counsel,

We have filed the certified list. PETITIONERS BRIEF AND EXCERPTS ARE DUE WITHIN 40 DAYS FROM THE DATE ABOVE, See Fed. R. App. P. and 5th Cir. R. 28, 30 and 31. Except in the most extraordinary circumstances, the maximum extension for filing briefs is 40 days in agency cases. See also 5th Cir. R. 30.1.2 and 5th Cir. R. 31.1 to determine if you have to file electronic copies of the brief and record excerpts, and the Portable Document Format (PDF) you MUST use. See also 5th Cir. R. 30.1 for the contents of the Record Excerpts which are filed instead of an appendix. You may access our briefing checklist on the Fifth Circuits website "http://www.ca5.uscourts.gov/docs/

default-source/forms-and-documents---clerks-office/rules/

brchecklist.pdf". An intervenors time is governed by 5th Cir. R.

31.2. 5th Cir. R. 42.3.2 allows the clerk to dismiss appeals without notice if the brief is not filed on time.

The caption for this appeal is attached, and we ask you to use it on any briefs filed with this court.

Because this case is proceeding on a certified list of documents instead of the record, see 5th Cir. R. 30.2. Petitioner must obtain a copy of the portions of the record relied upon by the parties in their briefs, and file them within 21 days from the date of filing of respondents brief, with suitable covers, numbering and indexing.

Brief Template: The clerks office offers brief templates and the ability to check the brief for potential deficiencies prior to docketing to assist in the preparation of the brief. To access

Case: 21-60743 Document: 00516101036 Page: 2 Date Filed: 11/19/2021 these options, log in to CM/ECF and from the Utilities menu, select Brief Template (Counsel Only) or PDF Check Document.

Reminder as to Sealing Documents on Appeal: Our court has a strong presumption of public access to our courts records, and the court scrutinizes any request by a party to seal pleadings, record excerpts, or other documents on our court docket. Counsel moving to seal matters must explain in particularity the necessity for sealing in our court. Counsel do not satisfy this burden by simply stating that the originating court sealed the matter, as the circumstances that justified sealing in the originating court may have changed or may not apply in an appellate proceeding. It is the obligation of counsel to justify a request to file under seal, just as it is their obligation to notify the court whenever sealing is no longer necessary. An unopposed motion to seal does not obviate a counsels obligation to justify the motion to seal.

Sincerely, LYLE W. CAYCE, Clerk By: _________________________

Allison G. Lopez, Deputy Clerk 504-310-7702 Enclosure(s) cc w/encl:

Mr. Andrew Paul Averbach Mr. Arnold Bradley Fagg Mr. Justin Heminger Mr. Allan L. Kanner Ms. Monica Renee Perales

Case: 21-60743 Document: 00516101036 Page: 3 Date Filed: 11/19/2021 Case No. 21-60743 State of Texas; Greg Abbott, Governor of the State of Texas; Texas Commission on Environmental Quality; Fasken Land and Minerals, Limited; Permian Basin Land and Royalty Owners, Petitioners v.

Nuclear Regulatory Commission; United States of America, Respondents