Kanner & Whiteley’s win, on behalf of Fasken and Permian Basin Land and Royalty Owners, upheld in the 5th Circuit Court of Appeals as en banc panel of Circuit judges deny rehearing in a close 9 to 7 vote. The recent decision confirms that the U.S. Nuclear Regulatory Commission lacks the authority to license a private away-from-reactor consolidated interim storage facility for spent nuclear fuel. The dissent disagreed with the majority’s view on the Circuit’s ultra vires exception to Hobbs Act jurisdictional issues. The Opinion may be found here.
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Phone: (504) 524-5777 | Fax: (504) 524-5763