ML24339B810
| ML24339B810 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 12/04/2024 |
| From: | US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| To: | Andrew Averbach Beyond Nuclear, NRC/OGC, Sierra Club |
| References | |
| 89FR64166, 24-1318, 2087848 | |
| Download: ML24339B810 (1) | |
Text
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 24-1318 September Term, 2024 NRC-89FR64166 Filed On: December 4, 2024 Beyond Nuclear, Inc. and Sierra Club, Petitioners v.
U.S. Nuclear Regulatory Commission and United States of America, Respondents Nuclear Energy Institute, Intervenor BEFORE:
Katsas, Childs, and Garcia, Circuit Judges O R D E R Upon consideration of the motion for leave to intervene filed by Florida Power &
Light Company and NextEra Energy Point Beach, LLC, the opposition thereto, and the reply, it is ORDERED that the motion for leave to intervene be granted. It is FURTHER ORDERED that the following briefing format and schedule apply in this case:
Petitioners Opening Brief January 21, 2025 (not to exceed 13,000 words)
Respondents Brief February 20, 2025 (not to exceed 13,000 words)
Respondent-Intervenors Brief(s)
February 27, 2025 (not to exceed a total of 9,100 words, to be divided between no more than two briefs as intervenors see fit)
USCA Case #24-1318 Document #2087848 Filed: 12/04/2024 Page 1 of 2 (Page 1 of Total)
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 24-1318 September Term, 2024 Petitioners Reply Brief March 20, 2025 (not to exceed 6,500 words)
Deferred Appendix March 27, 2025 Final Briefs April 3, 2025 The parties will be informed later of the date of oral argument and the composition of the merits panel.
The court reminds the parties that In cases involving direct review in this court of administrative actions, the brief of the appellant or petitioner must set forth the basis for the claim of standing.... When the appellants or petitioners standing is not apparent from the administrative record, the brief must include arguments and evidence establishing the claim of standing.
See D.C. Cir. Rule 28(a)(7).
Petitioners should raise all issues and arguments in the opening brief. The court ordinarily will not consider issues and arguments raised for the first time in the reply brief.
To enhance the clarity of their briefs, the parties are urged to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43 (2021); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).
Parties are strongly encouraged to hand deliver the paper copies of their briefs to the Clerk's office on the date due. Filing by mail may delay the processing of the brief.
Additionally, counsel are reminded that if filing by mail, they must use a class of mail that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).
Per Curiam 2
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United States Court of Appeals District of Columbia Circuit Washington, D.C. 20001-2866 Mark J. Langer Clerk (202) 216-7300 NOTICE TO COUNSEL:
SCHEDULING ORAL ARGUMENT The court has entered an order setting a briefing schedule in a case in which you are counsel of record. Once a briefing order has been entered, the case may be set for oral argument.
You will be notified by separate order of the date and time of oral argument.
Once a case has been calendared, the Clerks Office cannot change the argument date, and ordinarily the court will not reschedule it. Any request to reschedule must be made by motion, which will be presented to a panel of the court for disposition. The court disfavors motions to postpone oral argument and will grant such a motion only upon a showing of "extraordinary cause." See D.C. Cir. Rule 34(g).
If you are the arguing counsel, and you will be unavailable to appear for oral argument on a date in the future, so advise the Clerks Office by letter, filed electronically. The notification should be filed as soon as possible and updated if a potential scheduling conflict arises later, or if there is any change in availability.
To the extent possible, the Clerks Office will endeavor to schedule oral argument to avoid conflicts that have been brought to the courts attention in advance. See D.C. Circuit Handbook of Practice and Internal Procedures at IX.A.1, XI.A.
Counsel must notify the court when serious settlement negotiations are underway, when settlement of the case becomes likely, and when settlement is reached. Such notice allows for more efficient allocation of judicial resources.
Additionally, counsel should promptly notify the court if settlement negotiations are terminated. Notice must be given in an appropriate motion or by letter to the Clerk at the earliest possible moment. See, e.g., D.C. Circuit Handbook of Practice and Internal Procedures at X.D., XI.A.
Rev. March 2017 USCA Case #24-1318 Document #2087848 Filed: 12/04/2024 Page 1 of 1 (Page 3 of Total)