ML22270A163
| ML22270A163 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 09/22/2022 |
| From: | Curran D, Goldstein M, Kanner A, Lodge T, Taylor W - No Known Affiliation, Beyond Nuclear, Citizen's Environmental Coalition, Citizens for Alternatives to Chemical Contamination, Don't Waste Michigan, Emory Univ School of Law, Fasken Land & Minerals, Ltd, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Kanner & Whiteley, Law Office of Terry J. Lodge, Law Offices of Wallace L. Taylor, Nuclear Energy Information Service, Permian Basin Land and Royalty Owners, Public Citizen, San Luis Obispo Mothers for Peace, Sierra Club, Sustainable Energy and Economic Development Coalition (SEED), Turner Environmental Law Clinic |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1965521, 21-1048, 21-1055, 21-1056, 21-1127, 21-1130, 21-1131, 21-1179, 21-1229 | |
| Download: ML22270A163 (5) | |
Text
USCA Case #21-1048 Document #1965521 Filed: 09/22/2022 Page 1 of 5 ORAL ARGUMENT SCHEDULE FOR NOVEMBER 10, 2022 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DONT WASTE MICHIGAN, et al.,
Petitioners, Case No. 21-1048 v.
Consolidated with Case Nos.
UNITED STATES NUCLEAR 21-1055, 21-1056, 21-1179, REGULATORY COMMISSION and 21-1127, 21-1229, 21-1130, the UNITED STATES OF AMERICA, 21-1131 Respondents, and INTERIM STORAGE PARTNERS, L.LC.
Intervenor-Respondent.
PETITIONERS UNOPPOSED JOINT MOTION REGARDING TIME FOR ORAL ARGUMENT Undersigned counsel for Petitioners1 in this consolidated proceeding for review of orders by the U.S. Nuclear Regulatory Commission (NRC) hereby request the Court to allow thirty minutes of argument time for the Petitioners in the 1
Petitioners are 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).
USCA Case #21-1048 Document #1965521 Filed: 09/22/2022 Page 2 of 5 oral argument recently scheduled for November 10, 2022. The thirty minutes argument time would be divided equally among the Petitioners as follows: ten minutes for Beyond Nuclear, ten minutes for Dont Waste Michigan et al. and the Sierra Club, and ten minutes for Fasken. Each ten-minute oral argument would be delivered by a single counsel. Petitioners also request that thirty minutes be provided to the NRC and the United States (Federal Respondents) and Interim Storage Partners (ISP), to be divided as they choose.
The Federal Respondents and ISP have stated that they take no position on this motion, and do not intend to file a response.
GROUNDS FOR REQUESTED RELIEF In support of this motion, Petitioners submit the following:
- 1. With the Courts approval, Petitioners filed three separate briefs in this proceeding, raising three distinct sets of legal and factual issues for three distinct parties or sets of parties.
- a. The brief submitted by Beyond Nuclear addresses purely legal claims related to violations of the Nuclear Waste Policy Act. The brief submitted by Dont Waste Michigan, et al. and the Sierra Club raises legal and factual claims under the National Environmental Policy Act (NEPA) regarding NRCs failure to consider environmental impacts of ISPs proposed facility for 2
USCA Case #21-1048 Document #1965521 Filed: 09/22/2022 Page 3 of 5 storage of spent nuclear reactor fuel. Faskens brief addresses a different set of NEPA and NRC regulation violations, involving the failure to consider new and significant information about the ISP facilitys environmental impacts.
- b. The three briefs were prepared independently for three separate organizations or sets of organizations, with significantly divergent constituencies and interests (including separate briefs for non-profit environmental organizations and for-profit oil and gas businesses).
- c. The briefs were prepared by three different sets of counsel.
- 2. Because they addressed their clients claims in separate briefs, none of Petitioners counsel is sufficiently familiar with the claims raised by other counsel in other briefs to be able to respond meaningfully to questions from the Court on the other briefs.
- 3. Each of the three briefs raises issues of sufficient complexity and detail to warrant at least a ten-minute argument.
Therefore, Petitioners request a total argument time of thirty minutes - with ten minutes allocated to Beyond Nuclear, ten minutes allocated to Dont Waste Michigan et al. and Sierra Club, and ten minutes allocated to Fasken - and with each ten-minute oral argument delivered by a single counsel representing each 3
USCA Case #21-1048 Document #1965521 Filed: 09/22/2022 Page 4 of 5 respective Petitioner or group of Petitioners. Petitioners also request that a corresponding time frame of thirty minutes be provided to the Federal Respondents and ISP.
Respectfully submitted,
/s/ Diane Curran Harmon, Curran, Spielberg & Eisenberg, LLP 1725 DeSales St. N.W., Suite 500 Washington, D.C. 20036 Tel: (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 4
USCA Case #21-1048 Document #1965521 Filed: 09/22/2022 Page 5 of 5
/s/ Allan Kanner Allan Kanner, Esq.
Annemieke M. Tennis, Esq.
KANNER & WHITELEY, LLC 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 (432) 687-1777 monicap@forl.com Counsel for Fasken
/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.
/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 September 22, 2022 5