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TEXAS v. NUCLEAR REGULATORY COM'N

No. 21-60743.

78 F.4th 827 (2023)

State of TEXAS; Greg Abbott, Governor of the State of Texas; Texas Commission on Environmental Quality; Fasken Land and Minerals, Limited; Permian Basin Land and Royalty Owners, Petitioners, v. NUCLEAR REGULATORY COMMISSION; United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED August 25, 2023.

Attorney(s) appearing for the Case

Michael Abrams , Office of the Attorney General of Texas, Austin, TX, Ryan Baasch , Lanora Christine Pettit , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, for Petitioners State of Texas, Greg Abbott, Governor of the State of Texas, Texas Commission on Environmental Quality.

Allan L. Kanner, Esq. , Annemieke Monique Tennis , Kanner & Whiteley, L.L.C., New Orleans, LA, for Petitioners Fasken Land and Minerals, Limited, Permian Basin Land and Royalty Owners.

Andrew Paul Averbach, Esq. , Solicitor, U.S. Nuclear Regulatory Commission, Office of the General Counsel, Rockville, MD, Merrick Garland , U.S. Attorney General, Attorney General, U.S. Department of Justice, Washington, DC, for Respondent Nuclear Regulatory Commission.

Justin Heminger , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Merrick Garland , U.S. Attorney General, Attorney General, U.S. Department of Justice, Washington, DC, for Respondent United States of America.

Arnold Bradley Fagg , Ryan Kennedy Lighty , Timothy P. Matthews , Morgan, Lewis & Bockius, L.L.P., Washington, DC, for Interim Storage Partners, L.L.C.

Before Jones, Ho, and Wilson, Circuit Judges.

Nuclear power generation produces thousands of metric tons of nuclear waste each year. And such waste has been accumulating at nuclear power plants throughout the United States for decades. Congress has mandated that such waste be permanently stored in a geologic repository. But the development, licensing, and construction...

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