Summary
The Fifth Circuit issues a per curiam opinion dismissing a petition for review of a Nuclear Regulatory Commission license authorizing nuclear waste storage in Texas. Following the Supreme Court's reversal in NRC v. Texas, the appellate court concludes it lacks jurisdiction under the Hobbs Act because a statutory review scheme provides an adequate opportunity for judicial review. Consequently, the court dismisses the petition as required by the higher court's mandate.
Topics
Practice areas
Questions Presented
- Whether the Fifth Circuit has jurisdiction to review the NRC license issuance under the ultra vires exception after the Supreme Court’s decision that such review is unavailable when a statutory review scheme provides adequate review.
- Whether the petition for review should be dismissed.
Holdings
- The court lacks jurisdiction to consider the petition for review and therefore must dismiss it.
Key quotations
“Texas state officials concluded that a proposed renewable Nuclear Regulatory Commission (NRC) license allowing a private entity to store nuclear waste in the Permian Basin would not only violate federal law, but also wreak environmental havoc in West Texas and endanger the nation’s energy security.” (at 1)
“Accordingly, we dismiss the petition for review, as required by the Supreme Court.” (at 2)
Factual background
Texas officials asserted that the NRC's proposed license to allow a private entity to store nuclear waste in the Permian Basin would violate federal law, cause environmental harm in West Texas, endanger national energy security, and threaten endangered species.
Procedural history
The Supreme Court reversed the Fifth Circuit's earlier judgment and remanded, holding that ultra vires review is unavailable where a statutory scheme provides an adequate opportunity for judicial review. The Fifth Circuit now considers the petition on remand.