Case Info: NRC v. Texas | Case No. 23-1300 | Date Argued: 3/5/25

Link to Docket: Here.

Questions Presented:

1. Whether the Hobbs Act, 28 U.S.C. 2341 et seq., which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court of appeals, 28 U.S.C. 2344, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority.
2. Whether the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101 et seq., permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.
3. (For Interim Storage Partners, LLC) Whether the Nuclear Regulatory Commission's exercise of authority to issue a license to a private party to temporarily possess spent nuclear fuel at a location away from an operating nuclear power reactor was lawful under the applicable statutes (as the D.C. and Tenth Circuits have held) or not (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case).
4. Whether, notwithstanding an allegation of "ultra vires" agency action, a person must take steps to become a "party" to an agency proceeding under the Hobbs Act, 28 U.S.C. 2344, in order to then subsequently challenge the agency action resulting from that proceeding in court (as the Second, Seventh, Tenth, and Eleventh Circuits have held), or whether an allegation of "ultra vires" agency action can override statutory limitations on jurisdiction (as the Fifth Circuit, deliberately splitting from those other circuits, held in this case).

Host Note: Consolidated with: Interim Storage Partners, LLC V. Texas, Case No. 23-1312.

Holding: Because Texas and Fasken were not parties to the Commission's licensing proceeding, they are not entitled to obtain judicial review of the Commission's licensing decision.

Result: Reversed and remanded.

Voting Breakdown: 6-3. Justice Kavanaugh delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett and Jackson joined. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.

Link to Opinion: Here.

Oral Advocates:

• For petitioners in 23-1300: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
• For petitioner in 23-1312: Brad Fagg, Washington, D. C.
• For respondents Texas, et al.: Aaron L. Nielson, Solicitor General, Austin, Tex.
• For respondent Fasken Land and Minerals, Ltd.: David C. Frederick, Washington, D.C.