Judgment Issued.

Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1300_b97c.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. VIDED.

Argued. For petitioners in 23-1300: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioner in 23-1312: Brad Fagg, Washington, D. C. For respondents Texas, et al.: Aaron L. Nielson, Solicitor General, Austin, Tex. For respondent Fasken Land and Minerals, Ltd.: David C. Frederick, Washington, D. C. VIDED.

Reply of petitioners Nuclear Regulatory Commission, et al. filed. VIDED. (Distributed)

Reply of petitioner Interim Storage Partners, LLC filed. VIDED. (Distributed)

Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.

Motion for divided argument filed by respondents GRANTED. VIDED.

Brief amici curiae of United States Senator Ted Cruz, et al. filed. VIDED. (Distributed)

Brief amici curiae of Permian Basin Petroleum Association, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Beyond Nuclear, Inc. filed. VIDED. (Distributed)

Brief amici curiae of Utah, et al. filed. VIDED. (Distributed)

Brief amici curiae of Don’t Waste Michigan, et al. filed. VIDED. (Distributed)

Brief amicus curiae of City of Fort Worth filed. VIDED. (Distributed)

Brief amici curiae of New Mexico, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Idaho filed. VIDED. (Distributed)

Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)

Motion for divided argument filed by respondents. VIDED.

Motion for divided argument filed by the Solicitor General. VIDED.

Brief of respondents Texas, et al. filed. VIDED. (Distributed)

Brief of respondent Fasken Land and Minerals, Ltd. filed. VIDED. (Distributed)

CIRCULATED

Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.

Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.

Brief amicus curiae of Holtec International filed. VIDED.

Brief of petitioner Interim Storage Partners, LLC filed. VIDED.

Joint appendix filed. VIDED.

Brief of petitioners Nuclear Regulatory Commission, et al. filed. VIDED

Record requested from the United States Court of Appeals for the Fifth Circuit.

SET FOR ARGUMENT on Wednesday, March 5, 2025. VIDED.

Motion to extend the time to file the briefs on the merits granted. The time to file petitioners' briefs on the merits and the joint appendix is extended to and including December 2, 2024. The time to file respondents' briefs on the merits is extended to and including January 15, 2025. VIDED.

Motion for an extension of time to file the briefs on the merits filed. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1300. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1300. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 23-1312 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

Reply of petitioners United States Nuclear Regulatory Commission, et al. filed. (Distributed)

DISTRIBUTED for Conference of 9/30/2024.

Brief of State Respondents in opposition filed. VIDED.

Brief of respondent Fasken Land and Minerals, Ltd. in opposition filed. VIDED.

Brief amicus curiae of Nuclear Energy Institute, Inc. filed. VIDED.

Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024, for all respondents.

Motion to extend the time to file a response from July 12, 2024 to August 21, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due July 12, 2024)

Interim Storage Partners, LLC, Petitioner, represented by Arnold Bradley Fagg

United States Nuclear Regulatory Commission, et al., Petitioner, represented by D. John Sauer

Fasken Land and Minerals, Ltd., Respondent, represented by David C. Frederick

State of Texas, Greg Abbott, and TCEQ, Respondent, represented by Aaron Lloyd Nielson

Beyond Nuclear, Inc., Amicus Curiae, represented by Diane J. Curran

City of Fort Worth, Amicus Curiae, represented by Laetitia Coleman Brown

Don’t Waste Michigan, et al., Amicus Curiae, represented by Wallace L. Taylor

Holtec International, Amicus Curiae, represented by Anne Renee Leidich

New Mexico and Michigan, Amicus Curiae, represented by Aletheia Vadin Pamela Allen

Nuclear Energy Institute, Inc., Amicus Curiae, represented by Paul D. Clement

Pacific Legal Foundation, Amicus Curiae, represented by Oliver James Dunford

Permian Basin Petroleum Association and New Mexico Farm and Livestock Bureau, Amicus Curiae, represented by James Ryan Conde

State of Idaho, Amicus Curiae, represented by Alan Michael Hurst

State of Utah and Six Other States, Amicus Curiae, represented by Stanford Edward Purser

United States Senators Ted Cruz and John Cornyn, and Representatives Jodey Arrington, Henry Cuellar, August Pfluger, and Ronny Jackson, Amicus Curiae, represented by Jason Ryan LaFond