Decided

No. 23-1312

Interim Storage Partners, LLC v. Texas, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

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.

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

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

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

Petition GRANTED. The petition for a writ of certiorari in No. 23-1300 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. 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.”

DISTRIBUTED for Conference of 9/30/2024.

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

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

Brief of State Respondents 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 15, 2024 to August 21, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due July 15, 2024)

Parties

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

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

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

United States, Respondent, represented by D. John Sauer

Amici Curiae

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

 
Last updated: April 18, 2026