Supplemental Briefing in ISP CISF Federal Appeal, re: WV v. EPA SCOTUS Ruling


The opposing parties in the 5th Circuit (headquartered New Orleans) U.S. Court of Appeals case regarding the Interim Storage Partners (ISP) consolidated interim storage facility (CISF) in Texas filed supplemental briefing filings on August 3, 2022. They focused on the implications of the Supreme Court of the United States (SCOTUS) ruling in West Virginia versus EPA on June 30, 2022. The 5th Circuit U.S. Court of Appeals ordered the supplemental briefs on July 13, 2022.

The State of Texas and Fasken Land and Minerals, Ltd., as well as Permian Basin Land and Royalty Owners, oppose ISP’s CISF. See their joint supplemental briefing, here:

8 5 22 joint supplemental brief for petitioners

They have argued that West Virginia means the U.S. Nuclear Regulatory Commission (NRC) does not have authority to license ISP’s CISF.

ISP argues that NRC does have the authority to license its CISF. See its filing here:

8 5 22 isp supplemental brief

NRC, and the U.S. Justice Department, have also argued that the agency has the authority to license ISP for construction and operation. NRC rubber-stamped that license on September 13, 2021. See the NRC/DOJ supplemental briefing, here:

8 5 22 supplemental brief for federal respondents

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