Federal response to Beyond Nuclear et al.’s appeals against Holtec CISF in NM

[Image: Tee shirt design by Noel Marquez of Alliance for Environmental Strategies.]

On November 9, 2023, the U.S. Nuclear Regulatory Commission (NRC) and Department of Justice filed their 103-page RESPONDENTS’ INITIAL BRIEF in the case Beyond Nuclear versus NRC, before the U.S. Court of Appeals for the District of Columbia Circuit.

A week later, the Nuclear Energy Institute — the nuclear industry’s lobbying and public relations arm in Washington, D.C. — filed an Amicus Brief in support of NRC’s May 9, 2023 approval of the construction and operation license for Holtec International’s proposed consolidated interim storage facilities for highly radioactive wastes in southeastern New Mexico.

Beyond Nuclear has been fighting this environmentally unjust and non-consent based nuke waste dump since it was announced on April Fool’s Day, 2017 — actually, before that!

Most recently, this included our filing of our Initial Brief before the D.C. Circuit, on September 1, 2023.

On September 8, 2023, both the State of New Mexico, as well as the City of Fort Worth, Texas, filed Friend of the Court Briefs in support of our appeals.

Diane Curran of Washington, D.C. and Mindy Goldstein of Atlanta, GA serve as Beyond Nuclear’s legal counsel in this case.

Our allies before the D.C. Circuit include Don’t Waste Michigan, et al. (a national grassroots coalition; Terry Lodge serves as legal counsel), and Sierra Club (Wally Taylor serves as legal counsel), as well as Fasken Land and Minerals, Ltd. and the Permian Basin Land and Royalty Owners (Monica Perales serves as Fasken’s legal counsel, and has retained Kanner & Whiteley of New Orleans as outside counsel, including attorneys Allan Kanner, Annemieke Tennis, and Cindy St. Amant).

The next filing deadline in the federal appeals before the D.C. Circuit is December 1, 2023, by the INTERVENOR FOR RESPONDENT — that is, Holtec International itself.

Then, on December 22, 2023, opponents to the Holtec CISF license must file their PETITIONERS’ REPLY BRIEFS.

The DEFERRED APPENDIX is due to the court by January 16, 2024, and all FINAL BRIEFS by January 23, 2024.

After that, the court can schedule oral arguments.