ML23195A014
| ML23195A014 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 07/13/2023 |
| From: | Taylor W Sierra Club, Wallace L. Taylor, Attorney at Law |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 21-1104, 2007757 | |
| Download: ML23195A014 (1) | |
Text
USCA Case #21-1104 Document #2007757 Filed: 07/13/2023 Page 1 of 2 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT SIERRA CLUB, )
)
Petitioner, ) No. 21-1104
)
vs. )
) PETITIONERS CERTIFICATE OF NUCLEAR REGULATORY ) PARTIES, RULINGS AND COMMISSION and UNITED ) RELATED CASES AND STATES OF AMERICA, ) STATEMENT OF ISSUES TO BE
) RAISED Respondents. )
Comes now Sierra Club and states as follows:
- 1. The parties in this case are Sierra Club as Petitioner and the Nuclear Regulatory Commission and the United States of America as Respondents.
- 2. The case seeks review by this Court of the following rulings of the Nuclear Regulatory Commission: CLI-20-04, issued April 23, 2020, and CLI-21-04, issued February 18, 2021.
- 3. Related cases in this court are: Beyond Nuclear v. NRC, No. 20-1187; Dont Waste Michigan et al., No. 20-1225; and Fasken Land and Minerals et al., No. 21-1147.
- 4. Sierra Club raises the following issues in this case, arising from the agencys rulings on the following contentions:
Contention 1: The Atomic Energy Act and the Nuclear Waste Policy Act prohibit the licensing of the proposed nuclear waste facility.
(Page 1 of Total)
USCA Case #21-1104 Document #2007757 Filed: 07/13/2023 Page 2 of 2 Contention 4: Transportation Risks Contention 8: Decommissioning Funds Contention 9: Impacts from Beyond Design Life and Service Life of Storage Containers Contention 11: Earthquakes Contentions 15-19: Groundwater Impacts Contention 26: Material False Statement Contention 30: Nuclear Waste Technical Review Board Report
- 5. The underlying decisions sought to be reviewed are attached.
/s/ Wallace L. Taylor WALLACE L. TAYLOR AT0007714 4403 1st Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 319-366-2428;(Fax)319-366-3886 e-mail: wtaylorlaw@aol.com ATTORNEY FOR SIERRA CLUB CERTIFICATE OF SERVICE I hereby certify that on July 13, 2023, I served a copy of this Agency Docketing Statement through the Courts ECF electronic filing system on all parties of record.
/s/ Wallace L. Taylor WALLACE L. TAYLOR (Page 2 of Total)
USCA Case #21-1104 Document #2007757 Filed: 07/13/2023 Page 1 of 2 UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue NW Washington, DC 20001-2866 Phone: 202-216-7000 Facsimile: 202-219-8530 AGENCY DOCKETING STATEMENT
- 1. CASE NO: 21-1104, consolidated 2. DATE DOCKETED: 4-14-21 with 20-1187
- 3. CASE NAME: Sierra Club v. NRC
- 4. TYPE OF CASE: Review
- 5. IS THIS CASE REQUIRED BY STATUTE TO BE EXPEDITED? No
- 6. CASE INFORMATION:
- a. Identify agency whose order is to be reviewed: Nuclear Regulatory Commission.
- c. Give dates of orders: April 23, 2020 and February 18, 2021.
- d. Has a request for rehearing or reconsideration been filed at the agency?
No.
- e. Identify the basis of Petitioners claim of standing: Sierra Club members live near the proposed nuclear waste facility being challenged or have economic interests that will be adversely impacted by the proposed project.
Sierra Club satisfied the agencys strict standing requirements and was granted standing in the agency proceedings.
- f. Are any other cases involving the same underlying agency order pending in this Court or any other? Yes If YES, give case names and numbers of these cases and identify court: Beyond Nuclear v. NRC, 20-1187; Dont Waste Michigan et al. v. NRC, 20-1225; Fasken et al. v. NRC, 21-1147 (Page 3 of Total)
USCA Case #21-1104 Document #2007757 Filed: 07/13/2023 Page 2 of 2
- g. Are any other cases, to counsels knowledge, pending before the agency, this Court, another Circuit Court, or the Supreme Court which involve substantially the same issues as the instant case presents? No
- h. Have the parties attempted to resolve the issues in this case though arbitration, mediation, or any other alternative for dispute resolution? No Signature: /s/ Wallace L. Taylor Date:
Name of Counsel for Petitioner: Wallace L. Taylor Address: 4403 1st Ave. S.E., Suite 402, Cedar Rapids, Iowa 52402 E-mail: wtaylorlaw@aol.com Phone: 319-366-2428 Facsimile: 319-366-3886 CERTIFICATE OF SERVICE I hereby certify that on July 13, 2023, I served a copy of this Agency Docketing Statement through the Courts ECF electronic filing system on all parties of record.
/s/ Wallace L. Taylor WALLACE L. TAYLOR (Page 4 of Total)