ML24204A151
| ML24204A151 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/17/2024 |
| From: | Ayers R, Curran D, Leary C Environmental Working Group, Friends of the Earth, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace (SLOMFP) |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, 9th Circuit |
| References | |
| Case: 23-852, DktEntry: 53.1 | |
| Download: ML24204A151 (1) | |
Text
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
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SAN LUIS OBISPO MOTHERS
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FOR PEACE, FRIENDS OF THE
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EARTH, and ENVIRONMENTAL
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WORKING GROUP
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Petitioners,
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Case No.23-852
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- v.
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UNITED STATES NUCLEAR
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REGULATORY COMMISSION and the
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UNITED STATES OF AMERICA,
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Respondents.
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REHEARING OR REHEARING EN BANC Pursuant to Circuit Rule 31-2.2, Petitioners San Luis Obispo Mothers for Peace, Friends of the Earth, and Environmental Working Group, respectfully submit this unopposed motion for an extension of time of 14 days in which to file a petition for panel rehearing or rehearing en banc in this appeal, up to and including June 27, 2024.
The panel in this appeal issued its decision and judgment was entered on April 29, 2024. Unless time is extended, any petition for rehearing would be due on or before June 13, 2024. Fed. R. App. P. 35(c) & 40(a)(1). This Court may Case: 23-852, 05/17/2024, DktEntry: 53.1, Page 1 of 4
2 extend that due date for good cause, including a showing of diligence and substantial need. See 9th Cir. R. 31-2.2(b); see also Fed. R. App. P. 26(b), 40(a)(1).
Here, there is a substantial need for an extension: the attorneys for Petitioners bear primary responsibility for other active matters requiring significant attention in the coming weeks. This includes San Luis Obispo Mothers for Peace and Friends of the Earths brief due in Case 23-3884 before this Court on June 15, 2024. Additionally, Petitioners each have additional organizational filing deadlines due in the next month as well as pre-planned time off.
For the foregoing reasons, the Petitioners respectfully request the Court grant this unopposed motion for extension of time and set the due date for filing a petition for rehearing or petition for rehearing en banc as June 27, 2024.
Respectfully Submitted,
___/signed electronically by/__
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com Counsel to Petitioner San Luis Obispo Mothers for Peace
___/signed electronically by/__
Richard Ayres 2923 Foxhall Road, N.W.
Case: 23-852, 05/17/2024, DktEntry: 53.1, Page 2 of 4
3 Washington, D.C. 20016 202-744-6930 ayresr@ayreslawgroup.com Counsel to Petitioner Friends of the Earth
___/signed electronically by/__
Caroline Leary Environmental Working Group 1250 I St N.W.
Washington, DC 20005 202-667-6982 cleary@ewg.org Counsel to Petitioner Environmental Working Group May 17, 2024 Case: 23-852, 05/17/2024, DktEntry: 53.1, Page 3 of 4
4 CERTIFICATE OF COMPLIANCE I certify that this filing complies with the requirements of Fed. R. App. P.
27(d)(1)(E) because it has been prepared in 14-point Times New Roman, a proportionally spaced font. I certify that this filing complies with the length limit of Fed. R. App. P. 27(d)(2)(A) because it contains 505 words, according to the word count of Microsoft Word. I further certify that this filing complies with the page limitation of Circuit Rule 27-1.1(d) because it does not exceed 20 pages, excluding the parts of the filing exempted under Fed. R. App. P. 27(a)(2)(B) and 32(f).
___/signed electronically by/__
Caroline Leary Environmental Working Group Case: 23-852, 05/17/2024, DktEntry: 53.1, Page 4 of 4