Plain-English summary
Court rules nonparties can't use the Hobbs Act to challenge NRC licensing orders
The Supreme Court held that people or groups who were not parties to a Nuclear Regulatory Commission (NRC) licensing proceeding cannot obtain review of the NRC’s licensing decision in a federal court of appeals under the Hobbs Act. The case reversed the Fifth Circuit and sent the case back for further proceedings consistent with the decision.
Why this matters
The ruling narrows who can bring Hobbs Act appeals of agency licensing decisions, reducing the ability of outside groups, states, or private parties who did not participate in an agency proceeding to challenge agency orders in the courts of appeals. That affects legal strategies for challenging federal agency actions and emphasizes the importance of participating in agency proceedings if a party wants to preserve judicial-review rights under the Hobbs Act.
Who may feel it
- Environmental groups and states that did not participate in an NRC licensing proceeding
- Companies and applicants seeking NRC licenses and the parties who formally participate in those proceedings
- The Nuclear Regulatory Commission (and similar federal agencies that issue licenses and orders)
- Courts of appeals handling collateral challenges to agency licensing orders
Key questions
- Does the Hobbs Act allow nonparties to seek review in a federal court of appeals of an agency’s licensing order that allegedly exceeds the agency’s statutory authority?