ML23199A031
| ML23199A031 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 07/14/2023 |
| From: | Curran D, Goldstein M Beyond Nuclear, Citizens for Alternatives to Chemical Contamination, Citizens' Environmental Coalition, Don't Waste Michigan, Emory Univ School of Law, Fasken Land & Minerals, Ltd, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Nuclear Energy Information Service, Nuclear Issues Study Group, Permian Basin Land and Royalty Owners, San Luis Obispo Mothers for Peace (SLOMFP), Turner Environmental Law Clinic |
| To: | Andrew Averbach NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 20-1187, 2007998, 20-1225, 21-1104, 21-1147 | |
| Download: ML23199A031 (1) | |
Text
USCA Case #20-1187 Document #2007998 Filed: 07/14/2023 Page 1 of 4 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
)
BEYOND NUCLEAR, INC., et al., )
)
Petitioners, ) No. 20-1187, consolidated with
) Nos. 20-1225, 21-1104, and
- v. ) 21-1147
)
UNITED STATES NUCLEAR )
REGULATORY COMMISSION and the )
UNITED STATES OF AMERICA, )
)
Respondents. )
)
AMENDED CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rules 15(c)(3) and 28(a)(1), counsel for Petitioner Beyond Nuclear, Inc. (Beyond Nuclear) certifies as follows:
- 1. Parties, Intervenors, and Amici Curiae.
Parties. The petitioner in case No. 20-1187 is Beyond Nuclear. On June 23, 2020, the Court consolidated case No. 20-1225 with case No. 20-1187. Petitioners in case No. 20-1225 are Dont Waste Michigan, Citizens for Alternatives to Chemical Contamination, San Luis Obispo Mothers for Peace, Nuclear Energy Information Service, Citizens Environmental Coalition, and Nuclear Issues Study Group (collectively, Dont Waste Michigan, et al.).
USCA Case #20-1187 Document #2007998 Filed: 07/14/2023 Page 2 of 4 On April 21, 2021, the Court consolidated case No. 21-1104 with case Nos.
20-1187 and 20-1225. The Petitioner in case No. 21-1104 is the Sierra Club.
On June 29, 2021, the Court consolidated case No. 21-1147 with case Nos.
20-1187, 20-1225, and 21-1104. The Petitioners in case No. 21-1147 are Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners.
Respondents are United States Nuclear Regulatory Commission (NRC) and the United States of America.
Intervenors and Amicus Curiae. On October 8, 2020, the court admitted Holtec International as an intervenor.
- 2. Rulings Under Review.
Petitioner Beyond Nuclear seeks review of two NRC orders in Holtec International (Consolidated Interim Storage Facility) (NRC Docket No. 72-1051):
Order issued on October 29, 2018, and Memorandum and Order CLI-20-04, issued on April 23, 2020 (CLI 04).
- 3. Related Cases.
In Don't Waste Michigan v. U.S. Nuclear Regulatory Comm'n, No. 21-1048, 2023 WL 395030 (D.C. Cir. Jan. 25, 2023), this Court decided a case against Beyond Nuclear involving a similar fact pattern and similar legal issues. In Dont Waste Michigan, as in the instant case, Beyond Nuclear challenged the NRCs
USCA Case #20-1187 Document #2007998 Filed: 07/14/2023 Page 3 of 4 issuance of a license for construction and operation of a facility to store spent or used nuclear reactor fuel. In this case, the facility licensee is Holtec International.
In Dont Waste Michigan, the facility licensee is Interim Storage Partners, L.L.C.
(ISP). In each case, Beyond Nuclear has asserted that the NRCs issuance of the license violated the Nuclear Waste Policy Act (NWPA) and the Administrative Procedure Act (APA).
In Dont Waste Michigan, the Court did not address the asserted NWPA and APA violations, but dismissed Beyond Nuclears petition for review on the ground that Beyond Nuclear had failed to amend its hearing request to address a change in the license application. 2023 WL 395030 at *2. In this case, in contrast, Beyond Nuclear amended its hearing request when the license application changed.
The NRCs issuance of a license to ISP has also been challenged in two other circuits. In Texas v. U.S. Nuclear Regulatory Commn, Docket No. 21-60743, the parties filed briefs, and the Fifth Circuit of the U.S. Court of Appeals held an oral argument on August 29, 2022, but a decision has not been issued. In New Mexico ex rel. Balderas v. U.S. Nuclear Regulatory Commn, No. 21-9593, the Tenth
USCA Case #20-1187 Document #2007998 Filed: 07/14/2023 Page 4 of 4 Circuit of the U.S. Court of Appeals granted a motion to dismiss for lack of subject matter jurisdiction on February 10, 2023.1 Respectfully submitted,
/s/ Diane Curran DIANE CURRAN Harmon, Curran, Spielberg
& Eisenberg, LLP 1726 M Street NW, Suite 600 Washington, D.C. 20036 Tel: (202) 328-3500 Fax: (202) 328-6918 Email: dcurran@harmoncurran.com Counsel for Beyond Nuclear
/s/ Mindy Goldstein MINDY GOLDSTEIN Turner Environmental Law Clinic Emory University School of Law 1301 Clifton Road Atlanta, GA 30322 Tel: (404) 727-3432 Fax: (404) 727-7853 Email: magolds@emory.edu Counsel for Beyond Nuclear July 14, 2023 1
See New Mexico ex rel. Balderas v. U.S. Nuclear Regulatory Commn, No. 21-9593 (10th Cir. Feb. 10, 2023),
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110811201.pdf.