ML20091G795

3-30-20 Petition for Review (9th Cir.)(Case No. 20-70899)

ML20091G795
Person / Time
Site:	San Onofre
Issue date:	03/30/2020
From:	Dwyer M US Federal Judiciary, Court of Appeals, 9th Circuit
To:	Andrew Averbach NRC/OGC, Public Watchdogs
References
1-1, 11646094, 20-70899
Download: ML20091G795 (35)

Text

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-1, Page 1 of 3 Office of the Clerk United States Court of Appeals for the Ninth Circuit Post Office Box 193939 San Francisco, California 94119-3939 415-355-8000 Molly C. Dwyer Clerk of Court March 30, 2020 No.: 20-70899 Short

Title:

Public Watchdogs v. USNRC Dear Petitioner/Counsel Your Petition for Review has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number shown above has been assigned to this case. You must indicate this Court of Appeals docket number whenever you communicate with this court regarding this case.

The due dates for filing the parties' briefs and otherwise perfecting the petition have been set by the enclosed "Time Schedule Order," pursuant to applicable FRAP rules. These dates can be extended only by court order.

Failure of the petitioner to comply with the time schedule order will result in automatic dismissal of the petition. 9th Cir. R. 42-1.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-1, Page 2 of 3 UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 30 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS PUBLIC WATCHDOGS, No. 20-70899 Petitioner,

v. Nuclear Regulatory Commission U.S. NUCLEAR REGULATORY TIME SCHEDULE ORDER COMMISSION, Respondent.

The parties shall meet the following time schedule.

Mon., April 6, 2020 Petitioner's Mediation Questionnaire due. If your registration for Appellate CM/ECF is confirmed after this date, the Mediation Questionnaire is due within one day of receiving the email from PACER confirming your registration.

Thu., June 18, 2020 Agency petitioner brief due Mon., July 20, 2020 Respondent's answering brief and excerpts of record shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1.

The optional petitioner's reply brief shall be filed and served within 21 days of service of the respondent's brief, pursuant to FRAP 31 and 9th Cir. R. 31-2.1.

Failure of the petitioner to comply with the Time Schedule Order will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-1, Page 3 of 3 FOR THE COURT:

MOLLY C. DWYER CLERK OF COURT By: Janne Nicole Millare Rivera Deputy Clerk Ninth Circuit Rule 27-7

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-2, Page 1 of 2 Office of the Clerk United States Court of Appeals for the Ninth Circuit Post Office Box 193939 San Francisco, California 94119-3939 415-355-8000 Molly C. Dwyer Clerk of Court ATTENTION ALL PARTIES AND COUNSEL PLEASE REVIEW PARTIES AND COUNSEL LISTING We have opened this appeal/petition based on the information provided to us by the appellant/petitioner and/or the lower court or agency. EVERY attorney and unrepresented litigant receiving this notice MUST immediately review the caption and service list for this case and notify the Court of any corrections.

Failure to ensure that all parties and counsel are accurately listed on our docket, and that counsel are registered and admitted, may result in your inability to participate in and/or receive notice of filings in this case, and may also result in the waiver of claims or defenses.

PARTY LISTING:

Notify the Clerk immediately if you (as an unrepresented litigant) or your client(s) are not properly and accurately listed or identified as a party to the appeal/petition.

To report an inaccurate identification of a party (including company names, substitution of government officials appearing only in their official capacity, or spelling errors), or to request that a party who is listed only by their lower court role (such as plaintiff/defendant/movant) be listed as a party to the appeal/petition as an appellee or respondent so that the party can appear in this Court and submit filings, contact the Help Desk at http://www.ca9.uscourts.gov/cmecf/feedback/ or send a letter to the Clerk. If you or your client were identified as a party to the appeal/petition in the notice of appeal/petition for review or representation statement and you believe this is in error, file a motion to dismiss as to those parties.

COUNSEL LISTING:

In addition to reviewing the caption with respect to your client(s) as discussed above, all counsel receiving this notice must also review the electronic notice of docket activity or the service list for the case to ensure that the correct counsel are

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-2, Page 2 of 2 listed for your clients. If appellate counsel are not on the service list, they must file a notice of appearance or substitution immediately or contact the Clerk's office.

NOTE that in criminal and habeas corpus appeals, trial counsel WILL remain as counsel of record on appeal until or unless they are relieved or replaced by Court order. See Ninth Circuit Rule 4-1.

REGISTRATION AND ADMISSION TO PRACTICE:

Every counsel listed on the docket must be admitted to practice before the Ninth Circuit AND registered for electronic filing in the Ninth Circuit in order to remain or appear on the docket as counsel of record. See Ninth Circuit Rules 25-5(a) and 46-1.2. These are two separate and independent requirements and doing one does not satisfy the other. If you are not registered and/or admitted, you MUST, within 7 days from receipt of this notice, register for electronic filing AND apply for admission, or be replaced by substitute counsel or otherwise withdraw from the case.

If you are not registered for electronic filing, you will not receive further notices of filings from the Court in this case, including important scheduling orders and orders requiring a response. Failure to respond to a Court order or otherwise meet an established deadline can result in the dismissal of the appeal/petition for failure to prosecute by the Clerk pursuant to Ninth Circuit Rule 42-1, or other action adverse to your client.

If you will be replaced by substitute counsel, new counsel should file a notice of appearance/substitution (no form or other attachment is required) and should note that they are replacing existing counsel. To withdraw without replacement, you must electronically file a notice or motion to withdraw as counsel from this appeal/petition and include your client's contact information.

To register for electronic filing, and for more information about Ninth Circuit CM/ECF, visit our website at http://www.ca9.uscourts.gov/cmecf/#section-registration.

To apply for admission, see the instructions and form application available on our website at https://www.ca9.uscourts.gov/attorneys/.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-3, Page 1 of 1 United States Court of Appeals for the Ninth Circuit P.O. Box 31478 Billings, Montana 59107-1478 CHAMBERS OF SIDNEY R. THOMAS TEL: (406) 373-3200 CHIEF JUDGE FAX: (406) 373-3250

Dear Counsel:

I write to introduce you to the courts mediation program. The court offers you and your clients professional mediation services, at no cost, to help resolve disputes quickly and efficiently and to explore the development of more satisfactory results than can be achieved from continued litigation.

Each year the mediators facilitate the resolution of hundreds of cases, from the most basic contract and tort actions to the most complex cases involving multiple parties, numerous pieces of litigation and important issues of public policy.

The eight circuit mediators, all of whom work exclusively for the court, are highly experienced attorneys from a variety of practices; all have extensive training and experience in negotiation, appellate mediation, and Ninth Circuit practice and procedure. Although the mediators are court employees, the court has adopted strict confidentiality rules and practices to ensure that what goes on in mediation stays in mediation. See Circuit Rule 33-1.

The first step in the mediation process is case selection. To assist the mediators in the case selection process, appellants/petitioners must file a completed Mediation Questionnaire within 7 days of the docketing of the case. See Circuit Rules 3-4, and 15-2. Appellees may also fill out and file a questionnaire. The questionnaire with filing instructions is available here. Once the Mediation Questionnaire is submitted, the parties will receive via NDA a link to a separate form that will allow them to submit confidential information directly to the Circuit Mediators. Counsel may also submit confidential information at any time to ca09_mediation@ca9.uscourts.gov.

In most cases, the mediator will schedule a settlement assessment conference, with counsel only, to determine whether the case is suitable for mediation. Be assured that participation in the mediation program will not slow down disposition of your appeal. Mediation discussions are not limited to the issues on appeal. The discussions can involve other cases and may include individuals who are not parties to the litigation, if doing so enables the parties to reach a global settlement.

Further information about the mediation program may be found on the courts website:

www.ca9.uscourts.gov/mediation/. Please address questions directly to the Mediation Program at 415-355-7900 or ca09mediation@ca9.uscourts.gov.

Sincerely, Sidney Thomas

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-4, Page 1 of 2 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Form 7. Mediation Questionnaire Instructions for this form: http://www.ca9.uscourts.gov/forms/form07instructions.pdf 9th Cir. Case Number(s)

Case Name Counsel submitting this form Represented party/

parties Briefly describe the dispute that gave rise to this lawsuit.

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 7 1 Rev. 12/01/2018

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-4, Page 2 of 2 Briefly describe the result below and the main issues on appeal.

Describe any proceedings remaining below or any related proceedings in other tribunals.

Signature Date (use s/[typed name] to sign electronically-filed documents)

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 7 2 Rev. 12/01/2018

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 1 of 7 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Form 3. Petition for Review of Order of a Federal Agency, Board, Commission, or Officer Name of Federal Agency, Board, Commission, or Officer:

United States Nuclear Regulatory Commission Date of judgment or order you are challenging: 02/26/2020 (see attached)

Fee paid for petition? Yes No List all Petitioners (List each party filing the petition. Do not use et al. or other abbreviations.)

Public Watchdogs For immigration cases:

Alien Number(s):

Is petitioner(s) detained? Yes No Has petitioner(s) moved the BIA to reopen? Yes No Has petitioner(s) applied to the district director for an Yes No adjustment of status?

Have you filed a previous petition for review from this agency? Yes No If Yes, what is the prior 9th Circuit case number?

Your mailing address:

c/o Charles La Bella, Barnes & Thornburg, LLP 655 West Broadway, Suite 900 City: San Diego State: CA Zip Code: 92101 Prisoner Inmate or A Number (if applicable):

Signature s/ Charles G. La Bella Date 03-30-2020 Complete and file with the attached representation statement and the order being challenged.

See, e.g., Circuit Rule 15-4.

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 3 1 Rev. 12/01/2018

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 2 of 7 Representation Statement for Petition for Review Petitioner(s) (List each party filing the petition, do not use et al. or other abbreviations.)

Name(s) of party/parties:

Public Watchdogs Name(s) of counsel (if any):

Barnes & Thornburg, LLP-Charles La Bella and Eric Beste Address: 655 West Broadway, Suite 900, San Diego, CA 92101 Telephone number(s): 619-321-5000 Email(s): CLabella@btlaw.com; Eric.Beste@btlaw.com Is counsel registered for Electronic Filing in the 9th Circuit? Yes No Respondent(s) (List only the names of parties and counsel (if known) who will oppose you in the petition. List separately represented parties separately.)

Name(s) of party/parties:

United States Nuclear Regulatory Commission Name(s) of counsel (if any known):

Andrew Averbach Office of the General Counsel U.S. Nuclear Regulatory Commission Address: 11555 Rockville Pike, Rockville, MD 20852 Telephone number(s): 301-415-1956 Email(s): andrew.averbach@nrc.gov To list additional parties and/or counsel, attach additional pages as necessary.

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 3 2 Rev. 12/01/2018

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 3 of 7 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 26, 2020 Mr. Charles G. La Bella Barnes & Thornburg LLP 655 West Broadway, Suite 900 San Diego, California 92101

SUBJECT:

PETITION REQUESTING ENFORCEMENT ACTION UNDER SECTION 2.206 OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS AGAINST SOUTHERN CALIFORNIA EDISON RELATED TO DECOMMISSIONING OEPRATIONS AT THE SAN ONOFRE NUCLEAR GENERATING STATION UNITS 2 AND 3

Dear Mr. La Bella:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to the petition submitted pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206, Requests for action under this subpart, dated September 24, 2019 (Agencywide Documents Access and Management System [ADAMS] Accession Nos. ML19309D323 and ML19311C699), as supplemented on January 21,2020 (ADAMS Accession No. ML20023A182). The NRCs Executive Director for Operations referred your petition to the Office of Nuclear Material Safety and Safeguards (NMSS) for appropriate review or action.

Petition In the petition, you requested that the NRC immediately suspend all decommissioning operations at the San Onofre Nuclear Generating Station (SONGS) and require Southern California Edison (SCE or the licensee) to submit an amended decommissioning plan to account for spent nuclear fuel being placed in storage at SONGS. As the basis for the request you stated: burial of spent nuclear fuel at SONGS poses an immediate threat to public safety (for example, integrity of fuel canisters); the licensees estimated cost of decommissioning SONGS is based on unreasonable and fundamentally flawed assumptions; and the NRC has not considered the environmental and safety effects of sea level rise caused by climate change and has not addressed the environmental impacts of decommissioning on environmental justice, threatened and endangered species, offsite land use, offsite aquatic and terrestrial ecology, and certain cultural and historic resources.

Staff Action On October 25, 2019, the NRC provided a response to Public Watchdogs by e-mail (ADAMS Accession No. ML19326A969) stating that the NRC staff concluded, in accordance with Section II.B.1 of Management Directive (MD) 8.11 Review Process for 10 CFR 2.206 Petitions (ADAMS Accession No. ML18296A043), that the request does not warrant immediate action. The NRC staff has determined that the decommissioning activities at SONGS do not constitute an immediate threat to public health and safety.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 4 of 7 C. La Bella On December 18, 2019, the NRC informed you via e-mail (ADAMS Accession No. ML19353A048) that the petition review board (PRB) concluded that the petition did not meet the criteria for consideration under 10 CFR 2.206 because it appears that all of the issues raised in the petition have previously been the subject of NRC staff review, and do not raise concerns that the NRC staff has not previously considered and resolved. On January 21, 2020, the PRB conducted a public teleconference with Public Watchdogs at your request, to discuss the PRBs initial assessment and any supplemental information for the PRBs consideration. The transcript for the January 21st public meeting can be found at ADAMS Accession No. ML20028E467. The PRB considered the information presented during the January 21,2020, discussion, as well as the original petition and the supplemental information submitted in reaching its final determination, as discussed below.

NRC Staff Response to Specific Concerns Protection of Public Health and Safety. The NRC has continued to carefully regulate the licensees decommissioning activities at SONGS, which include its review of the fuel storage facility design, inspections encompassing the physical facility as well as the licensees operational performance, and appropriate enforcement actions. More specifically, the NRC performed a thorough review of the UMAX Independent Spent Fuel Storage Installation (ISFSI) design used at SONGS, a design the NRC approved in 2017 through a public rulemaking (ADAMS Accession No. ML16341B061). In addition, NRC staff continually performs oversight to ensure that the storage of spent nuclear fuel at SONGS does not pose a threat to public health and safety. NRC inspections of decommissioning activities at SONGS, including inspections related to the ISFSI, are documented in inspection reports that are publicly available. See for example ADAMS Accession Nos. ML18200A400 and ML19316A762.

The NRC staff has also considered the events described in the petition regarding the licensees fuel loading operations and potential scratching of the fuel canisters. See ADAMS Accession No. ML19190A217. The NRCs regulatory review and oversight actions included a detailed assessment of the significance of the events, specific enforcement actions, and subsequent consideration of the licensees corrective actions. Specifically, regarding integrity of the fuel canisters, NRC inspectors concluded that localized scratches (peak stresses) on the canisters are not a safety concern (using the ASME Code Section III, Subsection NB stress intensity limits as reference). NRC inspectors also concluded that canister evaluations performed by SCE using visual scratch assessments and statistical evaluations acceptable. These evaluations were adequate to demonstrate that canister scratches from incidental contact for previous and future canisters, will continue to meet the confinement design functions as specified in the UMAX Final Safety Analysis Report and ASME Code Section III canister wall thickness tolerances.

As a result, the NRC remains confident that reasonable assurance of adequate protection of the public health and safety can be maintained for as long as fuel is stored in accordance with the requirements of the SONGS license, the certificate of compliance for the UMAX system (and any other licensed systems that may be implemented in the future at the SONGS site), and other applicable requirements.

Decommissioning Cost Estimate. Regarding your concern about the estimated cost of completing decommissioning at SONGS, the NRC staff concluded in its review of the SONGS Decommissioning Cost Estimate (DCE) (ADAMS Accession No. ML15204A383) that the site-specific DCE and the cost of long-term storage of spent fuel for SONGS, Units 2 and 3, are reasonable and provide a sufficient level of detail on the funding mechanisms to meet the

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 5 of 7 C. La Bella requirements of 10 CFR 50.82(a)(4)(i). In addition, the NRC staff reviewed the 2019 Decommissioning Funding Status (DFS) report for SONGS and determined that the licensee complies with the decommissioning funding assurance requirements of 10 CFR 50.75 and 10 CFR 50.82, as applicable, for the 2019 DFS reporting cycle (ADAMS Accession No. ML19346E375). The SONGS DFS reports are submitted and reviewed annually by the NRC staff to ensure continued compliance with the decommissioning financial assurance requirements. Finally, the NRC safety evaluation for the SONGS Irradiated Fuel Management Plan (IFMP) (ADAMS Accession No. ML15182A256) states that the NRC staff finds the SONGS IFMP estimates to be reasonable, based on a cost comparison with similar decommissioning reactors....

Environmental Impacts. Regarding your concern about the environmental impacts of the decommissioning activities, the NRC staff concluded in its review of the SONGS Post Shutdown Decommissioning Activities Report (ADAMS Accession No. ML15204A383) that these activities are bounded by the previously issued NUREG-0586, "Final Generic Environmental Impact Statement [GEIS] on Decommissioning of Nuclear Facilities," and its supplements, and did not find any deviations from the previously issued Environmental Statement for SONGS (ADAMS Accession No. ML18239A414). Therefore, the NRC is confident that the environment can be adequately protected, and all impacts bounded, during decommissioning activities at SONGS.

Retrievabilitv of Spent Fuel. On January 21,2020, you raised concerns regarding spent nuclear fuel currently stored at SONGS being non-retrievable, in violation of10 CFR 72.122(1), and with potential impacts from flooding. Specifically, you stated that although the Holtec Final Safety Analysis Report and Certificates of Compliance clearly contemplate a potential flooding event and state that a site-specific analysis will be submitted by Licensees, Public Watchdogs is not aware that any such analysis has been performed or submitted.

Interim Staff Guidance No. 2, Revision 2, Fuel Retrievability in Spent Fuel Storage Applications (ADAMS Accession No. ML16117A080), defines ready retrieval as the ability to safely remove the spent fuel from storage for further processing or disposal. A licensee can demonstrate the ability for ready retrieval by demonstrating that it can remove a canister loaded with spent fuel assemblies from a storage cask/overpack. As discussed in NRC Supplemental Inspection Report 2018-002 for SONGS (ADAMS Accession No. ML19190A217), the NRC inspection team observed the licensee implementing all the corrective action enhancements to download and retrieve a simulated canister at the SONGS ISFSI pad, during exercises conducted between January 28-30, 2019. SCE was fully successful in downloading and retrieving the canister during the exercises, and the corrective actions taken were determined by the NRC inspectors to be adequate.

Flood Analysis. Regarding your concerns with flooding at the SONGS ISFSI, SCE's flood analyses determined that the UMAX maximum design flood parameters envelope the SONGS site flooding parameters. The NRC staff verified this flood evaluation in the SONGS 10 CFR 72.212 report to qualify the use of the UMAX system at SONGS, and the NRC documented this in an inspection report (ADAMS Accession No. ML18200A400). The NRC did not identify any issues as a result of its review of the flood evaluation for SONGS.

Having considered the results of recent inspections, the NRCs evaluation of past SONGS DFS reports, the applicable environmental documents, and the supplemental information provided, the PRBs final determination is that your petition does not meet the acceptance criteria in

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 6 of 7 C. La Bella MD 8.11,Section III.C.1 (b), because the issues raised in the petition have been the subject of a facility-specific or generic NRC staff review," and none of the circumstances in Section III.C. 1 (b)(ii) applies. The NMSS Office Director was briefed on and supported this conclusion.

Thank you for bringing these issues to the attention of the NRC.

Kevin Williams, Deputy Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards Docket No(s). 50-361 and 50-362 cc: charles.labella@btlaw.com eric.beste@btlaw.com zacharv.heller@btlaw.com randy.qordon@btlaw.com lwohlford@btlaw.com Public Watchdogs 7867 Convoy Cr #302 San Diego, CA 92111 Listserv

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-5, Page 7 of 7 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Form 15. Certificate of Service for Electronic Filing Instructions for this form: http://www.ca9.uscourts.gov/forms/form15instructions.pdf 9th Cir. Case Number(s) Not yet assigned I hereby certify that I electronically filed the foregoing/attached document(s) on this date with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit using the Appellate Electronic Filing system.

Service on Case Participants Who Are Registered for Electronic Filing:

I certify that I served the foregoing/attached document(s) via email to all registered case participants on this date because it is a sealed filing or is submitted as an original petition or other original proceeding and therefore cannot be served via the Appellate Electronic Filing system.

Service on Case Participants Who Are NOT Registered for Electronic Filing:

I certify that I served the foregoing/attached document(s) on this date by hand delivery, mail, third party commercial carrier for delivery within 3 calendar days, or, having obtained prior consent, by email to the following unregistered case participants (list each name and mailing/email address):

Description of Document(s) (required for all documents):

Public Watchdogs v. US Nuclear Regulatory Commission (NRC) Petition for Review of Order of a Federal Agency (Form 3.), including letter from NRC, dated February 26, 2020, denying 2.206 Petition.

Signature s/ Charles G. La Bella Date 03-30-2020 (use s/[typed name] to sign electronically-filed documents)

Feedback or questions about this form? Email us at forms@ca9.uscourts.gov Form 15 Rev. 12/01/2018

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 1 of 20 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Office of the Clerk After Opening an Agency Case:

An Introduction for Attorneys You have received this guide because you filed a petition for review of a federal agency decision in the U.S. Court of Appeals for the Ninth Circuit. It provides information you need to know to represent a petitioner before the court.

This guide is not for immigration cases. If you opened an immigration case, please request our immigration packet.

Read this guide carefully. If you dont follow instructions, the court may dismiss your case.

This Guide Is Not Legal Advice Court employees are legally required to remain neutral; that means they cant give you advice about how to win your case. However, if you have a question about procedurefor example, which forms to send to the court or when a form is duethis packet should provide the answer. If it doesnt, you may contact the clerks office for more information.

ATTORNEY Agency Cases (December 2019) 1

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 2 of 20 WHATS IN THIS GUIDE?

HOW AN AGENCY PETITION WORKS............................................................................................................. 3 PRACTICE RULES AND RESOURCES ............................................................................................................... 4 Practice Guides ......................................................................................................................................... 4 Appellate Mentoring Program .................................................................................................................. 4 IMPORTANT RULES FOR ALL CASES .............................................................................................................. 4 Ninth Circuit Bar Admission ...................................................................................................................... 4 Register for Electronic Filing ..................................................................................................................... 5 Complete a Mediation Questionnaire ...................................................................................................... 5 Meet Your Deadlines ................................................................................................................................ 5 Complete Your Forms Properly ................................................................................................................. 5 Deliver Papers the Right Way ................................................................................................................... 6 Keep Copies of Your Documents............................................................................................................... 6 Pay the Filing Fee or Request a Waiver .................................................................................................... 6 If You Move, Tell the Court ....................................................................................................................... 7 HANDLING AN AGENCY CASE: THREE STAGES .............................................................................................. 8 Stage One: Opening a Case ....................................................................................................................... 9 Stage Two: Preparing and Filing Briefs ................................................................................................... 10 Stage Three: The Courts Final Decision.................................................................................................. 13 HOW TO WRITE AND FILE MOTIONS .......................................................................................................... 14 How to Write a Motion ........................................................................................................................... 14 How to File a Motion .............................................................................................................................. 15 What Happens After You File .................................................................................................................. 15 How to Respond to a Motion from Opposing Counsel ........................................................................... 15 Emergency Motions ................................................................................................................................ 16 IF YOU DONT AGREE WITH A COURT DECISION ........................................................................................ 17 During Your Case: Motion for Reconsideration ...................................................................................... 17 After Your Case: Motions and Petitions.................................................................................................. 17 HOW TO CONTACT THE COURT .................................................................................................................. 20 ATTORNEY Agency Cases (December 2019) 2

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 3 of 20 HOW AN AGENCY PETITION WORKS The chart below shows the path of an agency petition from the agency to the highest court.

Review these steps to make sure you understand where you are in the process.

Federal Agency. Cases come to the U.S.

Court of Appeals from several different federal agencies. For example, a petition may arise from a final decision at the Federal Aviation Administration, National Labor Relations Board, Federal Trade Commission, or another agency. The important thing to understand is that you must have exhausted all of your options for appeal within the agency itself before filing a petition for review with the court of appeals. Many agency decisions must first be challenged in a U.S. District Court before you can come to the court of appeals.

U.S. Court of Appeals. When reviewing the federal agency decision in your case, the court of appeals (usually a panel of three judges) will carefully consider everything that has happened so far. The court will also read all the papers that you and opposing counsel file during your case. The court will look to see whether any agency, officer, or lower court has made a legal or factual mistake. You are not allowed to present new evidence or testimony on appeal.

U.S. Supreme Court. If you do not agree with the decision of the court of appeals, you Your case may not go through all of the can ask the United States Supreme Court to stages shown above. For example, if the review your case. The Supreme Court U.S. Court of Appeals resolves your case chooses which cases it wants to hear. It the way that you want, you wont need to reviews only a small number of cases each file a petition in the U.S. Supreme Court.

year.

ATTORNEY Agency Cases (December 2019) 3

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 4 of 20 PRACTICE RULES AND RESOURCES This guide highlights rules that you absolutely must follow after filing a case. You are also responsible for reviewing and following the Federal Rules of Appellate Procedure (Fed. R. App.

P.), the Ninth Circuit Rules (9th Cir. R.), and the general orders. The Federal Rules and the Ninth Circuit Rules are available at www.ca9.uscourts.gov/rules.

Practice Guides In addition to the rules above, the following guides can support your practice before this court.

You can find these and other resources on the courts website under Legal Guides:

• Appellate Practice Guide. A thorough manual of appellate practice prepared by the Appellate Lawyer Representatives.

• Perfecting Your Appeal. You can view this video for free at www.ca9.uscourts.gov or purchase it from the clerks office for $15.00.

Appellate Mentoring Program The appellate mentoring program provides guidance to attorneys who are new to federal appellate practice or who would benefit from mentoring at the appellate level. Mentors are volunteers who have experience in immigration, habeas corpus, or appellate practice in general.

If you are interested, a program coordinator will match you with a mentor, taking into account your needs and the mentors particular strengths.

To learn more, email the court at mentoring@ca.9.uscourts.gov or go to www.ca9.uscourts.gov.

On the website, select the Attorneys tab, look for Appellate Mentoring Program, then choose Information.

IMPORTANT RULES FOR ALL CASES The rules in this section apply to all attorneys who file an agency petition in the court of appeals.

You must understand and follow each one.

Ninth Circuit Bar Admission To practice before the court of appeals, you must be admitted to the Bar of the Ninth Circuit. For instructions on how to apply, go to www.ca9.uscourts.gov. Select the Attorneys tab, look for Attorney Admissions, then choose Instructions.

ATTORNEY Agency Cases (December 2019) 4

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 5 of 20 Register for Electronic Filing Unless the court gives you an exemption, you must use the Ninth Circuits electronic filing system, called CM/ECF (Case Management/Electronic Case Files). To learn more and to register, go to www.ca9.uscourts.gov then click Filing a Document - CM/ECF.

For additional guidance on filing documents and making payments electronically, read the Ninth Circuit Rules, especially Rule 25-5. For a complete list of the available types of filing events, see the CM/ECF User Guide. To find the guide, go to Filing a Document as described just above, look for Documentation & Training, then select CM/ECF User Guide.

Complete a Mediation Questionnaire After you file a petition for review of an agency decision, you must complete a mediation questionnaire. (9th Cir. R. 15-2.) The court uses the questionnaire to assess settlement potential.

You must file the questionnaire no later than seven days after the clerks office dockets your petition. To find the form, go to www.ca9.uscourts.gov/forms.

If you want to request a conference with a mediator, call the Mediation Unit at (415) 355-7900, email ca09_mediation@ca9.uscourts.gov, or make a written request to the Chief Circuit Mediator. You may request conferences confidentially. For more information about the courts mediation program, go to www.ca9.uscourts.gov/mediation.

Meet Your Deadlines Read all documents you get from the court. They will contain important instructions and deadlines for filing your court papers. If you miss a deadline or fail to respond to the court as directed, the court may dismiss your case.

Complete Your Forms Properly Everything you send to the court must be clear and easy to read. If we cant read your papers, we may send them back to you. To make the clerks job easier, please:

Include your case number on all papers you send to the court or to opposing counsel.

Number your pages and put them in order.

If you are not filing electronically, use only one paper clip or a single staple to keep your documents organized. The clerks office must scan your documents and extra binding makes that job difficult.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 6 of 20 Deliver Papers the Right Way When you deliver papers to the court or to opposing counsel, you must take certain steps to show you sent them to the right place on time.

Use the correct address. Before you put anything in the mail, make sure the address is current and correct.

• To find current addresses for the court, see How to Contact the Court, at the end of this guide. You may deliver a document to the court in person, but you must hand it to someone designated to receive documents in the clerks office.

• To find the correct address for opposing counsel, see opposing counsels notice of appearance. Opposing counsel should have sent a copy of this notice to you after you filed your petition for review. The notice states opposing counsels name and address.

Attach a certificate of service. You must attach a signed certificate of service to each document you send to the court or to opposing counsel unless all parties will be served via CM/ECF. See 9th Cir. R. 25-5(f).

Send a copy of all documents to opposing counsel. When you file a document with the court, you must also send a copy (including any attachments) to opposing counsel unless they will be served via CM/ECF.

Keep Copies of Your Documents Make copies of all documents you send to the court or to opposing counsel and keep all papers sent to you.

Pay the Filing Fee or Request a Waiver The filing fee for your case is $500.00. The fee is due when you file a petition for review. If you dont pay the fee, you will receive a notice informing you that you have 21 days to either pay the fee or request a waiver because the petitioner cant afford to pay.

• If the petitioner can afford the fee. Submit your payment through the electronic filing system, or send a check or money order to the court. Make the check out to Clerk, U.S. Courts. Dont forget to include the case number. Please note that after you pay the fee, we cannot refund it, no matter how the case turns out.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 7 of 20

• If the petitioner cant afford to pay. You may ask the court to waive the fee by filing a motion to proceed in forma pauperis. See Stage One: Opening Your Case, below.

If you do not pay the fee or submit a waiver request by the deadline, the court will dismiss your case. (9th Cir. R. 42-1).

If You Move, Tell the Court If your mailing address changes, you must immediately notify the court in writing. (9th Cir. R.

46-3.)

• CM/ECF. If you are registered for CM/ECF, update your information online at https://pacer.psc.uscourts.gov/pscof/login.jsf.

• Paper filing. If you are exempt from CM/ECF, file a change of address form with the court. You can find the form on the courts website at www.ca9.uscourts.gov/forms.

If you dont promptly change your address, including your email address, you could miss important court notices and deadlines. As noted above, missing a deadline may cause the court to dismiss your case.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 8 of 20 HANDLING AN AGENCY CASE: THREE STAGES This section will help you understand and manage the different parts of your case. We describe the basic documents you must file with the court and the timing of each step.

To begin, review the chart below. It introduces the three stages of a case.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 9 of 20 Stage One: Opening a Case By the time you receive this guide, you have already opened a case by filing a petition for review. In response, the clerks office created the case record and gave you a case number and a briefing schedule.

If you havent already paid the filing fee, you must do so now. See Pay the Filing Fee or Request a Waiver, above.

The court may dismiss your case at any time. Even if you pay the fees and get a briefing schedule, the court may decide not to keep your case for a variety of legal reasons. If the court dismisses your case and you think the court was wrong, see If You Dont Agree with a Court Decision, below.

Now is also the time to start compiling excerpts of record and to file any opening motions with the court. This section discusses each step in turn.

Preparing Excerpts of Record The Ninth Circuit Court of Appeals does not require an appendix of record. Instead, you must file excerpts of record with your opening brief. (See 9th Cir. R. 17-1.) Your excerpts of record should be clear and well-organized. They should include all the documents that the court will need to understand and decide the issues in your petition.

Start putting together your excerpts of record now, before you write your opening brief. Then, as you write the brief, you can mark each record page that you reference so you can easily add the marked pages to your excerpts.

To learn the rules that govern what your excerpts should and should not include, and how to format them, read 9th Cir. R. 17-1 and 30-1. We also recommend that you read Chapter X of Appellate Practice Guide; see Practice Guides, above.

Filing Opening Motions Here are two common motions that you might make at the beginning of your case.

Motion to Proceed in Forma Pauperis File this motion to ask the court to waive the petitioners filing fee. To file your motion, you must complete and include Form 4: Motion and Affidavit for Permission to Appeal in Forma Pauperis. The form is available on the courts website at www.ca9.uscourts.gov/forms. In addition, please follow the instructions in How to Write and File Motions, below.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 10 of 20 Motion for Injunction Pending Appeal You can also file a motion for injunction pending appeal, sometimes called a motion for injunctive relief. This type of motion asks the court to order someone to do something or to stop doing something while your case is in progress. Be specific about what type of relief you are asking for, why the court should grant the relief, and the date by which you want the court to respond. In addition, be sure to follow the instructions in How to Write and File Motions, below.

Stage Two: Preparing and Filing Briefs During the second stage of your case, you and opposing counsel will prepare and file written briefs. The required components of a brief are set out in Fed. R. App. P. 28 and 32, and 9th Cir. R.

28-2, 32-1, and 32-2. You should familiarize yourself with those rules and follow them carefully.

In this section, we cover some key points of briefing practice.

Opening Brief You will write and file the first brief in your case. In the opening brief, you must:

• state the facts of the case

• describe the relief you are seeking for the petitioner

• provide legal arguments to support your petition, and

• include citations to the excerpts of record.

Deadline for filing. You must file your opening brief and excerpts of record by the deadline stated in the briefing schedule.

If you do not file your brief on time or request an extension, the court will dismiss your case.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 11 of 20 Tips for Writing Your Briefs Keep these points in mind to write a better brief:

Avoid unnecessary words. Dont use 20 words to say something you can say in ten.

Think things through. Make logical arguments and back them up with legal rules.

Be respectful. You can disagree without being disagreeable. Focus on the strengths of your case, not the character of others.

Tell the truth. Dont misstate or exaggerate the facts or the law.

Proofread. Before you file, carefully check for misspellings, grammatical mistakes, and other errors.

Answering Brief In response to your opening brief, opposing counsel may file an answering brief. If opposing counsel files an answer, they must send a copy to you.

The time scheduling order sets the deadline for the answering brief. Please note that the opening and answering brief due dates are not subject to the rules for additional time described in Fed. R.

App. P. 26(c). In particular, if you file your opening brief early, it does not advance the due date for your opponents answering brief. (See 9th Cir. R. 31-2.1.)

Reply Brief You are invited to reply to opposing counsels answering brief, but you are not required to do so.

If you write a reply brief, do not simply restate the arguments in your opening brief. Use the reply brief to directly address the arguments in opposing counsels answering brief.

You must file your reply brief within 21 days of the date the government serves you with its answering brief.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 12 of 20 How to File a Brief Rules for filing briefs depend on whether or not you are required to file electronically.

CM/ECF. After we review your electronic submission, we will request paper copies of the brief that are identical to the electronic version. Do not submit paper copies until we direct you to do so. (See 9th Cir. R. 31-1.) You must also send two copies of the brief to any exempt or unregistered opposing counsel.

Exempt Filers Only. Please follow these steps:

Send the original document and six copies of your brief to the court.

Send two copies to opposing counsel.

Attach a signed certificate of service to the original and to each copy for opposing counsel.

Keep a copy for your records.

How to File Excerpts of Record Submit your excerpts in PDF format using CM/ECF on the same day that you submit your brief.

You must serve a paper copy of your excerpts on any unregistered party.

If the excerpts contain sealed materials, you must submit the sealed documents separately, along with a motion to file under seal. (9th Cir. R. 27-13(e).) You must serve sealed filings on all parties by mail or by email if they are registered for electronic filing, or if mutually agreed, rather than through CM/ECF.

After approving your electronic submission, the clerk will direct you to file individually bound paper copies of the excerpts of record with white covers.

To review the rules for filing excerpts, see 9th Cir. R. 30-1.

If You Need More Time to File Usually, you may ask for one streamlined extension of up to 30 days from the briefs existing due date. (See 9th Cir. R. 31-2.2(a) for conditions.)

• CM/ECF. Electronic filers do not need to use a written motion; you may submit your request using the File Streamlined Request to Extend Time to File Brief event on CM/ECF on or before your briefs existing due date.

• Paper filing. Make your request by filing Form 13 on or before your briefs existing due date. You can find Form 13 on the courts website at www.ca9.uscourts.gov/forms.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 13 of 20 must submit a written motion asking for more time. Your motion must show both diligence and substantial need. You must file your request at least seven days before your brief is due. The motion must meet the requirements of 9th Cir. R. 31-2.2(b). You may use Form 14 or write your own motion.

Usually, in response to an initial motion for more time, the court will adjust the schedule. (See Circuit Advisory Committee Note to Ninth Circuit Rule 31-2.2.) If you followed the correct procedures to ask for more time but the court doesnt respond by the date your brief is due, act as though the court has granted your request and take the time you asked for.

What Happens After You File After you and opposing counsel have filed your briefs, a panel of three judges will evaluate the case. Sometimes the court decides a case before briefing is complete (9th Cir. R. 3-6); if that happens, we will let you know.

Judges conduct oral hearings in all cases unless all members of the panel agree that oral argument would not significantly aid the decision-making process. (Fed. R. App. P. 34(a)(2).)

Notification of oral hearings. We will notify you of the potential dates and location of an oral hearing approximately 14 weeks in advance. After you receive notice, you have three calendar days to inform the court of any conflicts. We distribute calendars about ten weeks before the hearing date.

Changes to oral hearing dates or location. The court will change the date or location of an oral hearing only if you show good cause for the change. If you wish to submit a request to continue a hearing, you must do so within 14 days of the hearing. Note, however, that the court grants such requests only if you can show exceptional circumstances. (9th Cir. R. 34-2.)

Oral arguments are live streamed to YouTube. Viewers can access them through the courts website. Go to www.ca9.uscourts.gov and choose Live Video Streaming of Oral Arguments and Events.

Stage Three: The Courts Final Decision After the judges decide your case, you will receive a memorandum disposition, opinion, or court order stating the result. If you are happy with the outcome, congratulations.

If you or opposing counsel didnt get the final results you want, either of you may take the case further. We explain your options in the section After Your Case, below.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 14 of 20 HOW TO WRITE AND FILE MOTIONS This section provides general guidelines for writing and filing motions, including motions discussed elsewhere in this guide. The motion you want to make may have special rulesfor example, a different page limit or deadlineso be sure that you also read its description, as noted below.

How to Write a Motion If you want to file a motion with the court, follow these guidelines:

Clearly state what you want the court to do.

Give the legal reasons why the court should do what you are asking.

Tell the court when you would like it done.

Tell the court what the opposing partys position is. (Circuit Advisory Committee Note to Ninth Circuit Rule 27-1(5); 9th Cir. R. 31-2.2(b)(6).)

If you are filing a response requesting affirmative relief, include your request in the caption.

(Fed. R. App. P. 27(a)(3)(B)) and use the correct filing type.

Dont write a motion that is more than 20 pages long unless you get permission from the court.

If you like, you may support your motion with an affidavit or declaration. (28 U.S.C. § 1746.)

Cases Scheduled for Argument or Submitted to a Panel If your case has been (1) scheduled for oral argument, (2) argued, or (3) submitted to or decided by a panel, then the first page or cover of your motion must include the date of argument, submission, or decision and, if known, the names of the judges on the panel. (9th Cir. R. 25-4.)

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 15 of 20 How to File a Motion To file your motion, you must follow the rules described in Deliver Papers the Right Way, at the beginning of this guide. Keep the following points in mind.

• CM/ECF. For electronic filing, follow instructions on CM/ECF. If there are any non-registered parties, you must send a hard copy to that party.

• Paper filing. Send the original document to the court and send a copy to opposing counsel. Remember to attach a signed certificate of service to the original and to any copies. Always keep a copy for your own records.

Note that you should not include a notice of motion or a proposed order with your motion. (Fed.

R. App. P. 27(a)(2)(C)(ii) and (iii).)

What Happens After You File The path of a motion depends on the details of your case. Certain motionsfor example, a motion to dismiss the casemay automatically stay the briefing schedule. (See 9th Cir. R. 27-11.) The following steps are common after filing a motion.

Opposing counsel may respond. After you file a motion, opposing counsel has ten days to file a response. (See Fed. R. App. P. 27(a)(3)(A); Fed. R. App. P. 26(c).) In the response, opposing counsel will tell the court why it disagrees with the arguments in your motion.

You may reply to opposing counsels response. If opposing counsel responds, you may tell the court why you think opposing counsels view is incorrect. If you file a reply, dont just repeat the arguments in your original motion. Instead, directly address the arguments in opposing counsels response. You usually have seven days to file a reply with the court, starting on the day you are served with their response. (See Fed. R. App. P. 27(a)(3)(B).) Normally, a reply may not be longer than ten pages.

The court decides your motion. After you and opposing counsel file all papers related to the motion, a panel of two or three judges will decide the issue.

How to Respond to a Motion from Opposing Counsel Your opponent may also submit motions to the court. For example, opposing counsel may file a motion to dismiss the case or to ask the court to review the case more quickly than usual. If opposing counsel files a motion, you are allowed to respond with your arguments against it.

Your response may not be longer than 20 pages.

Usually, you must file your response with the court no more than ten days from the day opposing counsel serves its motion on you.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 16 of 20 Read More About These Motions If you are making one of the following motions, read the section noted here:

Motion to proceed in forma pauperis in Filing Opening Motions, above.

Motion for injunctive relief pending appeal in Filing Opening Motions, above.

Motion for extension of time to file a brief in If You Need More Time to File, above.

Motion for reconsideration in If You Dont Agree With a Court Decision, below.

Emergency Motions An emergency motion asks the court to act within 21 days to avoid irreparable harm. Your emergency motion must meet the requirements of 9th Cir. R. 27-3.

If you need emergency relief, you must notify the Emergency Motions department in San Francisco before you file the motion. Call them at 415-355-8020 or e-mail emergency@ca9.uscourts.gov. Please note that a request for more time to file a document with the court or any other type of procedural relief does not qualify as an emergency motion. (See Circuit Court Advisory Committee Note to 27-3(3).)

Finally, if you absolutely must notify the court of an emergency outside of standard office hours, call 415-355-8000. This line is for true emergencies that cannot wait until the next business dayfor example, imminent removal from the United States.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 17 of 20 IF YOU DONT AGREE WITH A COURT DECISION If you think the court of appeals made an incorrect decision about important issues in your case, you can ask the court to take a second look. You may do this during your casefor example, if you disagree with the courts ruling on a motion. Or you may ask the court to review its final decision at the end of your case.

During Your Case: Motion for Reconsideration If you disagree with a court order or ruling during your case, you may file a motion for reconsideration stating the reasons why you think the courts ruling was wrong. Your motion may not be longer than 15 pages.

A motion for reconsideration of an order that does not end the casethat is, a non-dispositive orderis due within 14 days of the date stamped on the court order. (9th Cir. R. 27-10(a).) In addition to these rules, please follow the general guidelines in How to Write and File Motions, above.

After Your Case: Motions and Petitions If you think the courts final decision in your case was wrong and you want to take further action, you have two options:

• File a motion for reconsideration or petition for rehearing in this court.

If the court decided your case in an order, then you would file a motion for reconsideration, as discussed just above. You have 45 days (instead of 14 days) to file a motion for reconsideration of a court order that ends your case. (9th Cir. R. 27-10(a).)

If the court decided your case in a memorandum disposition or opinion, then you would file a petition for rehearing, discussed below.

• File a petition for writ of certiorari with the U.S. Supreme Court.

It is most common to do these things one after the otherthat is, to file a petition for rehearing or motion for reconsideration in this court and then, if that doesnt succeed, petition the Supreme Court. It is technically possible to file both petitions at the same time but that is not the typical approach. Our discussion focuses on the common path.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 18 of 20 Court of Appeals: Petition for Rehearing To ask the court of appeals to review its final decision in your case, you must file a petition for rehearing. Before starting a petition, remember that you must have a legal reason for believing that this courts decision was incorrect; it is not enough to simply dislike the outcome. You will not be allowed to present any new facts or legal arguments in your petition for rehearing. Your document should focus on how you think the court overlooked existing arguments or misunderstood the facts of your case.

A petition for rehearing may not be longer than 15 pages. Your petition is due within 45 days of the date stamped on the courts opinion or memorandum disposition. To learn more about petitions for rehearing, see Fed. R. App. P. 40 and 40-1.

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 19 of 20 Most petitions for rehearing go to the same three judges who heard your original petition. It is also possible to file a petition for rehearing en banc. This type of petition asks 11 judges to review your case instead of three. The court grants petitions for rehearing en banc only in rare, exceptional cases. To learn more about petitions for rehearing en banc, see Fed. R. App. P. 35.

U.S. Supreme Court: Petition for Writ of Certiorari If the court of appeals denies your petition for rehearingor if it rehears your case and issues a new judgment you dont agree withyou have 90 days from the denial order or the new decision to petition the U.S. Supreme Court to hear your case. You do this by asking the Supreme Court to grant a writ of certiorari. You must file the petition with the Supreme Court directly. A writ of certiorari directs the appellate court to send the record of your case to the Supreme Court for review.

The Supreme Court is under no obligation to hear your case. It usually reviews only cases that have clear legal or national significancea tiny fraction of the cases people ask it to hear each year. Learn the Supreme Courts Rules before starting a petition for writ of certiorari. (You can find the rules and more information about the Supreme Court at www.supremecourt.gov.)

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Case: 20-70899, 03/30/2020, ID: 11646094, DktEntry: 1-6, Page 20 of 20 HOW TO CONTACT THE COURT Court Addresses: San Francisco Headquarters Mailing Address for Mailing Address for Street Address U.S. Postal Service Overnight Delivery (FedEx, UPS, etc.)

Office of the Clerk Office of the Clerk 95 Seventh Street James R. Browning James R. Browning San Francisco, CA Courthouse Courthouse 94103 U.S. Court of Appeals U.S. Court of Appeals P.O. Box 193939 95 Seventh Street San Francisco, CA San Francisco, CA 94119-3939 94103-1526 Court Addresses: Divisional Courthouses Pasadena Portland Seattle Richard H. Chambers The Pioneer Courthouse William K. Nakamura Courthouse 700 SW 6th Ave, Ste 110 Courthouse 125 South Grand Avenue Portland, OR 97204 1010 Fifth Avenue Pasadena, CA 91105 Seattle, WA 98104 Court Website www.ca9.uscourts.gov The courts website contains the courts rules, forms, and general orders, public phone directory, information about electronic filing, answers to frequently asked questions, directions to the courthouses, bar admission forms, opinions and memoranda, live streaming of oral arguments, links to practice manuals, an invitation to join our pro bono program, and more.

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