Nuclear Regulatory Commission, et al. v. Fasken Land and Minerals, Ltd., et al.
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Whether the Hobbs Act allows nonparties to obtain review of agency orders that allegedly exceed statutory authority, and whether the Atomic Energy Act and Nuclear Waste Policy Act permit the Nuclear Regulatory Commission to license private entities for temporary spent nuclear fuel storage
1. Whether t he Hobbs Act, 28 U.S.C. 2341 et seq. , which authorizes a “party aggrieved” by an agency’s “final order” to petition for review in a court of appeals, 28 U.S.C. 2344, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority. 2. Whether the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq. , and the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101 et seq. , permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear reactor sites where the spent fuel was generated. (II)