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Category:Legal-Motion
MONTHYEARML24046A1402024-02-15015 February 2024
Beyond Nuclear V NRC (20-1187) - Joint Motion Re Oral Argument
ML23229A6022023-08-15015 August 2023
8-15-23 Motion for Extension of Time to File Reply (5th Cir.)(Case 23-60377)
ML23161A0002023-06-0505 June 2023
6-5-23 Joint Motion to Govern Future Proceedings (DC Cir.)(Case No. 20-1187)
ML21021A3832021-01-21021 January 2021
Fasken Land and Minerals, Ltd.S and Permian Basin Land and Royalty Owners Unopposed Motion to Extend Deadlines
ML20342A3952020-12-0707 December 2020
Fasken Land and Minerals, Ltd.S and Permian Basin Land and Royalty Owners Combined Reply to NRC Staffs and Holtec Internationals Oppositions to Motion for Leave to File New Contention No. 3 and Motion to Reopen the Record
ML20310A4462020-11-0505 November 2020
Exhibit 1 to Fasken and Pblro Motion for Leave to File New Contention 3
ML20310A4472020-11-0505 November 2020
Exhibit 2 to Fasken and Pblro Motion for Leave to File New Contention 3
ML20310A4492020-11-0505 November 2020
Exhibit 4 to Fasken and Pblro Motion for Leave to File New Contention 3
ML20310A4482020-11-0505 November 2020
Exhibit 3 to Fasken and Pblro Motion for Leave to File New Contention 3
ML20310A4422020-11-0505 November 2020
Fasken Land and Minerals, Ltd.S and Permian Basin Land and Royalty Owners Motion to Reopen the Record
ML20310A4452020-11-0505 November 2020
Fasken Land and Minerals, Ltd.S and Permian Basin Land and Royalty Owners Motion for Leave to File New Contention No. 3
ML20307A8822020-11-0202 November 2020
Fasken Land and Minerals, Ltd.S and Permian Basin Land and Royalty Owners Combined Reply to Oppositions to Their Notice of Appeal and Petition for Review of Atomic Safety Licensing Boards Denial of Motion for Leave to File Amended Contentio
ML20273A0012020-09-28028 September 2020
Petitioners Combined Notice of Appeal and Petition for Review of ASLBs Denial of Motion for Leave to File Amended Contention and Motion to Reopen the Record
ML20273A0042020-08-12012 August 2020
Exhibit 3 to Fasken and Pblros Combined Notice of Appeal and Petition for Review of Atomic Safety Licensing Boards Denial of Motion for Leave to File Amended Contention and Motion to Reopen the Record
ML20273A0022020-08-0505 August 2020
Exhibit 1 to Fasken and Pblros Combined Notice of Appeal and Petition for Review of Atomic Safety Licensing Boards Denial of Motion for Leave to File Amended Contention and Motion to Reopen the Record
ML20206K8572020-07-16016 July 2020
Reply in Further Support of Motion for Abeyance (DC Cir.)(Case No. 20-1187)(Consolidated with 20-1225)
ML20199M1482020-07-16016 July 2020
Response to Motion for Abeyance (DC Cir.)(Case No. 20-1187)(Consolidated with 20-1225)
ML20199M1462020-07-16016 July 2020
Petitioners Response to Motion for Abeyance (DC Cir.)(Case No. 20-1187)(Consolidated with 20-1225)
ML20189A0262020-07-0606 July 2020
7-6-20 Motion for Abeyance (DC Cir.) (Case No. 20-1187) (Consolidated with 20-1225)
ML20189A0182020-07-0202 July 2020
7-2-20 Sierra Club Motion to Intervene (DC Cir.) (Case No. 20-1187 (Consolidated with 20-1225)
ML20132F0472020-05-11011 May 2020
Exhibit 4 to Fasken Motion for Leave to File Amended Contention 2 - Amended Declaration of Stonnie Pollock
ML20132F0192020-05-11011 May 2020
Fasken Land and Minerals, Ltd, and Permian Basin Land and Royalty Owners Motion for Leave to File Amended Contention No. 2
ML20132F0332020-05-11011 May 2020
Exhibit 2 to Fasken Motion for Leave to File Amended Contention 2 - Facts Petitioners Intend to Rely on to Support New and Amended Contentions
ML20132E7242020-05-11011 May 2020
Fasken Land and Minerals, Ltd, and Permian Basin Land and Royalty Owners Motion to Reopen the Record
ML20132F0262020-05-11011 May 2020
Exhibit 1 to Fasken Motion for Leave to File Amended Contention 2 - Declaration of Tommy Taylor
ML20125A0962020-05-0404 May 2020
Sierra Club'S Motion to Reopen the Record
ML20093K5652020-04-0202 April 2020
Fasken Land and Minerals, Ltd.S and Permian Basin Land and Royalty Owners Unopposed Motion to Extend Deadlines Pending the COVID-19 National Emergency
ML19246B8092019-09-0303 September 2019
Fasken Oil and Ranch and Permian Basin Land and Royalty Owners Motion for Leave to Reopen and Incorporate Contention Filed August 1, 2019
ML20132F0402019-07-0202 July 2019
Exhibit 3 to Fasken Motion for Leave to File Amended Contention 2 - Letter from Stephanie Richard, New Mexico Public Lands Commissioner, to Krishna Singh, President of Holtec International
ML19094B3972019-04-0101 April 2019
Federal Respondents Motion to Dismiss, with Addendum and Exhibits (DC Cir.)(Case No. 18-1340)- 4/01/19
ML19077A0002019-03-18018 March 2019
Reply of Petitioner Dontwaste Michigan, Et Al in Support of Motion to Amend Contentions 4 and 7
ML19056A0012019-02-25025 February 2019
Motion of Dwm Et Al. to Amend Their Contention 2
ML19056A0512019-02-25025 February 2019
Sierra Clubs Motion to File New Late-Filed Contentions 27, 28, and 29
ML19056A0022019-02-23023 February 2019
Attachment to Dwm Et Al. Motion to Amend Contention 2 - Declaration of Robert Alvarez and Cv
ML19049A0262019-02-18018 February 2019
Curriculum Vitae of Gordon Thompson Ph.D. for Dont Waste Mighigan Et Al
ML19049A0192019-02-18018 February 2019
Sierra Clubs Motion to Amend Contention 16
ML19037A5012019-02-0606 February 2019
Motion by Petitioners Dont Waste Michigan, Et Al. to Amend Their Contention 2
ML20273A0032019-01-24024 January 2019
Exhibit 2 to Fasken and Pblros Combined Notice of Appeal and Petition for Review of Atomic Safety Licensing Boards Denial of Motion for Leave to File Amended Contention and Motion to Reopen the Record
ML19017A3482019-01-17017 January 2019
Motion of Dwm Et Al. for Leave to File a New Contention
ML19011A1242019-01-11011 January 2019
Sierra Clubs Motion to Adopt Contentions of Dont Waste Michigan, Et Al
ML19003A2792019-01-0303 January 2019
Petitioners Joint Motion to Establish Hearing Procedures
ML18311A3622018-11-0707 November 2018
Joint Motion to Establish Schedule for Filing of Answer to Fasken Land and Minerals and Permian Basin Land and Royalty Owners Motion/Petition Dated September 14, 2018
ML18271A2382018-09-28028 September 2018
Reply of Movants Fasken and Pblro to Staffs Response to Motions to Dismiss
ML18261A1082018-09-18018 September 2018
Errata to Beyond Nuclear, Inc.S Motion to Dismiss Licensing Proceedings for Hi-Store Consolidated Interim Storage Facility and WCS Consolidated Interim Storage Facility for Violation of the Nuclear Waste Policy Act
ML18257A3302018-09-14014 September 2018
Motion of Fasken Land and Minerals and Permian Basin Land and Royalty Owners to Dismiss Licensing Proceedings for HI-Store Consolidated Interim Storage Facility and WCS Consolidated Interim Storage Facility
2024-02-15
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Text
No. 23-60377 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT FASKEN LAND AND MINERALS, LTD., and PERMIAN BASIN LAND AND ROYATY OWNERS, Petitioners,
- v.
NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, Respondents.
On Petition for Review of Action by the Nuclear Regulatory Commission UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY TO RESPONSES TO FEDERAL RESPONDENTS MOTION TO DISMISS OR TRANSFER Case: 23-60377 Document: 31 Page: 1 Date Filed: 08/15/2023
Pursuant to Federal Rule of Appellate Procedure 26(b) and Fifth Circuit Rule 26.2, Respondents United States of America and U.S. Nuclear Regulatory Commission (NRC) (collectively Federal Respondents) respectfully request an extension of time to file a reply in support of Federal Respondents motion to dismiss or transfer this Petition for Review. Federal Respondents reply is currently due on August 21, 2023. But for the reasons explained below, good cause exists for an extension of seven days. Undersigned counsel has contacted all parties concerning this request, and all parties have stated that they do not oppose the relief requested.
- 1.
This case concerns a challenge to a license issued by the NRC to Intervenor Holtec International. Fasken filed the Petition for Review on July 7, 2023.
- 2.
On July 28, 2023, Federal Respondents moved to dismiss the Petition or, in the alternative, to transfer the case to the United States Court of Appeals for the District of Columbia Circuit. The motion raises a dispositive question about the Courts jurisdiction over the petition.
- 3.
On August 2, 2023, the parties jointly filed a motion to extend by seven days the times for both responses to the motion to dismiss and for a reply to the responses. On August 4, 2023, the Court granted the motion with respect to the time to respond to the motion to dismiss, but it deemed premature the request to Case: 23-60377 Document: 31 Page: 2 Date Filed: 08/15/2023
extend the time for Federal Respondents to file a reply (since no due date had yet been established).
- 4.
In accordance with the courts order of August 4, responses to the motion to dismiss were filed on August 14, 2023. Federal Respondents reply to those responses is currently due on August 21, 2023.
- 5.
Preparation of Federal Respondents reply requires close coordination between counsel for the NRC and the Department of Justice, as well as internal reviews within each agency. Thus, Federal Respondents respectfully request that the time for filing a reply in support of the motion be extended from 7 days to 14 days.
- 6.
This extension is sought in the interest of justice and not for delay.
Granting the extension will allow undersigned counsel to prepare a thorough reply supporting Federal Respondents motion.
CONCLUSION For these reasons, Federal Respondents respectfully request that the Court extend the time to file a reply to the responses to their motion to dismiss or transfer by seven days, until August 28, 2023.
Case: 23-60377 Document: 31 Page: 3 Date Filed: 08/15/2023
Respectfully submitted,
/s/ Justin D. Heminger TODD KIM Assistant Attorney General JUSTIN D. HEMINGER Attorney Environment and Natural Resources Division U.S. Department of Justice Post Office Box 7415 Washington, D.C. 20044
/s/ Andrew P. Averbach ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 andrew.averbach@nrc.gov (301) 415-1956 justin.heminger@usdoj.gov (202) 514-5442 August 15, 2023 Case: 23-60377 Document: 31 Page: 4 Date Filed: 08/15/2023
CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 27(D)
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 further certify that this filing complies with the type-volume limitation of Fed. R. App. P. 27(d)(2)(A) because it contains 402 words, excluding the parts of the filing exempted under Fed. R. App. P. 32(f), according to the count of Microsoft Word.
/s/ Andrew P. Averbach Andrew P. Averbach Counsel for Respondent U.S. Nuclear Regulatory Commission Case: 23-60377 Document: 31 Page: 5 Date Filed: 08/15/2023
CERTIFICATE OF SERVICE I certify that on August 15, 2023, I served a copy of the foregoing UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY TO RESPONSES TO FEDERAL RESPONDENTS MOTION TO DISMISS OR TRANSFER upon counsel for the parties in this action by filing the document electronically through the CM/ECF system.
/s/ Andrew P. Averbach Andrew P. Averbach Counsel for Respondent U.S. Nuclear Regulatory Commission Case: 23-60377 Document: 31 Page: 6 Date Filed: 08/15/2023