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{{#Wiki_filter:Appellate Case: 21-9593 | {{#Wiki_filter:Appellate Case: 21-9593 Document: 010110688075 Date Filed: 05/23/2022 Page: 1 | ||
United States Court of Appeals Docket No. 21-9593 | |||
STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL | |||
HECTOR H. BALDERAS ATTORNEY GENERAL | |||
M a y 23, 2022 | |||
Tenth Circuit Court of Appeals Arnold Bradley Fagg Byron White United States Courthouse Ryan Kennedy Light y 1823 Stout Street Morgan Lewis & Bockius Denver, Colorado 80257 1111 Pennsylvania Avenue, NW 10th_Circuit_Clerk@ca10.uscourts.gov Washington, DC 20004-2541 brad.fagg@morganlewis.com ryan.light y@morganlewis.com | |||
Andrew Averbach Marian Zobler Justin Heminger U.S. Nuclear Regulatory Commission Office of the General Counsel One White Flint North 11555 Rockville Pike Rockville, MD 20852 Andrew.averbach@nrc.gov marian.zobler@nrc.gov justin.heminger@usdoj.gov | |||
Re: Balderas, et al v. United States Nuclear Regulatory Commission, et al. | |||
United States Court of Appeals Docket No.21-9593 | |||
==Dear Clerk:== | ==Dear Clerk:== | ||
The State of New Mexico, by and through counsel, pursuant to FRAP Rule 28(j) hereb y provides notice that on March 10, 2022, the New Mexico District Court dismissed case No. CIV 21- 0284 JB/JFR. New Mexicos First Amended Complaint had sought a court order declaring the Nuclear Regulatory Commission had acted outside of its authority in the review of materials license applications filed by Interim Storage Partners and Holtec International. See March 10, 2022 Order, a ttached hereto as Exhibit 1.The district courts order was issued the same day Appellate Case: 21-9593 Document: 010110688075 Date Filed: 05/23/2022 Page: 2 | |||
New Mexicos Opening Brief was filed in the instant case, as was noted in the Statement of Related Cases at page vi of that brief. It is New Mexicos position that the Ordersupports the proposition that this Court has jurisdiction over New Mexicos ultra vires arguments and New Mexicos unfunded mandate arguments. See Order at 4-8; O pening Brief at 21-22, 26-29, 40- 42. | |||
In addition, New Mexicos Petition pursuant to 10 C.F.R. § 2.206 before the U.S. Nuclear Regulatory Commission was denied on March 25, 2022. The petition sought revocation of the materials license issued to Interim Storage Partners for a consolidated interim storage facility. | In addition, New Mexicos Petition pursuant to 10 C.F.R. § 2.206 before the U.S. Nuclear Regulatory Commission was denied on March 25, 2022. The petition sought revocation of the materials license issued to Interim Storage Partners for a consolidated interim storage facility. | ||
See NRC Letter of March 25, 2022, | See NRC Letter of March 25, 2022, a ttached hereto as Exhibit 2.The letter finalizes the preliminary rejection of New Mexicos petition noted in footnote 3 on page 3 of the Opening Brief. It is New Mexicos position that this denial shows there is no administrative relief available to New Mexico via 10 C.F.R. § 2.206. | ||
Respectfully submitted this | |||
Respectfully submitted this 23rdda y o f May, 2022 | |||
Ver y t rul y yours, | |||
/s/Zachary Ogaz Assistant Attorney General NM Office of the Attorney General}} | |||
Revision as of 00:24, 18 November 2024
| ML22144A095 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 05/23/2022 |
| From: | Ogaz Z State of NM, Office of the Attorney General |
| To: | Andrew Averbach, Fagg A, Heminger J, Lighty R, Marian Zobler Morgan, Morgan, Lewis & Bockius, LLP, NRC/OGC, US Federal Judiciary, Court of Appeals, 10th Circuit |
| References | |
| 010110688075, 21-9593 | |
| Download: ML22144A095 (2) | |
Text
Appellate Case: 21-9593 Document: 010110688075 Date Filed: 05/23/2022 Page: 1
STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL
HECTOR H. BALDERAS ATTORNEY GENERAL
M a y 23, 2022
Tenth Circuit Court of Appeals Arnold Bradley Fagg Byron White United States Courthouse Ryan Kennedy Light y 1823 Stout Street Morgan Lewis & Bockius Denver, Colorado 80257 1111 Pennsylvania Avenue, NW 10th_Circuit_Clerk@ca10.uscourts.gov Washington, DC 20004-2541 brad.fagg@morganlewis.com ryan.light y@morganlewis.com
Andrew Averbach Marian Zobler Justin Heminger U.S. Nuclear Regulatory Commission Office of the General Counsel One White Flint North 11555 Rockville Pike Rockville, MD 20852 Andrew.averbach@nrc.gov marian.zobler@nrc.gov justin.heminger@usdoj.gov
Re: Balderas, et al v. United States Nuclear Regulatory Commission, et al.
United States Court of Appeals Docket No.21-9593
Dear Clerk:
The State of New Mexico, by and through counsel, pursuant to FRAP Rule 28(j) hereb y provides notice that on March 10, 2022, the New Mexico District Court dismissed case No. CIV 21- 0284 JB/JFR. New Mexicos First Amended Complaint had sought a court order declaring the Nuclear Regulatory Commission had acted outside of its authority in the review of materials license applications filed by Interim Storage Partners and Holtec International. See March 10, 2022 Order, a ttached hereto as Exhibit 1.The district courts order was issued the same day Appellate Case: 21-9593 Document: 010110688075 Date Filed: 05/23/2022 Page: 2
New Mexicos Opening Brief was filed in the instant case, as was noted in the Statement of Related Cases at page vi of that brief. It is New Mexicos position that the Ordersupports the proposition that this Court has jurisdiction over New Mexicos ultra vires arguments and New Mexicos unfunded mandate arguments. See Order at 4-8; O pening Brief at 21-22, 26-29, 40- 42.
In addition, New Mexicos Petition pursuant to 10 C.F.R. § 2.206 before the U.S. Nuclear Regulatory Commission was denied on March 25, 2022. The petition sought revocation of the materials license issued to Interim Storage Partners for a consolidated interim storage facility.
See NRC Letter of March 25, 2022, a ttached hereto as Exhibit 2.The letter finalizes the preliminary rejection of New Mexicos petition noted in footnote 3 on page 3 of the Opening Brief. It is New Mexicos position that this denial shows there is no administrative relief available to New Mexico via 10 C.F.R. § 2.206.
Respectfully submitted this 23rdda y o f May, 2022
Ver y t rul y yours,
/s/Zachary Ogaz Assistant Attorney General NM Office of the Attorney General