NRC & DOJ filings in ISP CISF federal appeal at DC Circuit Court


On June 6, 2022, the U.S. Nuclear Regulatory Commission and Department of Justice met the deadline for their response to federal appeals filed by Beyond Nuclear, Don’t Waste Michigan, Sierra Club, et al. in the U.S. Court of Appeals for the District of Columbia Circuit. The case is referred to as Don’t Waste Michigan, et al. versus NRC.

See the NRC/DOJ (Respondents) filing, here:

6 6 22 NRC-DOJ Brief ISP Appeal

See also NRC/DOJ’s Addendum, here:

6 6 22 addendum.docx - 2022.06.06 Federal Respondents' Addendum of Statutes & Regs

See Beyond Nuclear’s Initial Brief, filed on March 18, 2022.

See Don’t Waste Michigan, et al. (a seven-group national grassroots environmental coalition) and Sierra Club’s combined Initial Brief, filed March 18, 2022.

See the combined environmental coalition’s press release, published on March 21, 2022.

See Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners’ Initial Brief, filed March 18, 2022 here:

Fasken and PBLRO are also opposed to the Interim Storage Partners, LLC consolidated interim storage facility, targeted at Andrews County, Texas, 0.37 miles east of the New Mexico state line.

ISP (Respondent-Intervenors) faces a June 21, 2022 deadline for its response filing to the federal appeal against its CISF.

On July 20, 2022, Petitioners’ (opponents to the ISP dump) Reply Briefs are due.

On August 3, 2022, the DWM et al. v. NRC Deferred Appendix is due.

On August 10, 2022, opponents to the CISF must file their Final Briefs.

After that, the three-judge federal court panel could then schedule oral arguments in the appeal.

The environmental coalition first opposed ISP’s CISF — challenging its legality — with a letter to NRC on October 26, 2016. The coalition then opposed ISP’s CISF, and challenged its legality, throughout NRC’s Atomic Safety and Licensing Board proceeding, as well as throughout NRC’s environmental and safety review, over several long years.

The States of Texas and New Mexico are also opposed to ISP’s CISF. Texas (joined by Fasken and PBLRO) has appealed at the 5th Circuit Court in New Orleans. New Mexico has appealed at the 10th Circuit Court in Denver. These two appeals are actually slightly further along than the case in the D.C. Circuit.

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