Fact dir-018
The NRC Office of the General Counsel's Litigation Status Report (enclosure to SECY-26-0013, the annual report on court litigation for 2025; status as of 27 January 2026) lists Texas v. NRC among active cases. It records that Texas, Utah and Last Energy filed on 30 December 2024. On 17 March 2025 the NRC, through DOJ, moved to dismiss, arguing the challenge to an NRC rule could only be brought in a court of appeals under the Hobbs Act and was untimely as to Texas and Utah and so in the wrong venue. Plaintiffs instead filed an amended complaint on 7 April 2025 adding Florida, Louisiana, the Arizona Legislature, Deep Fission and Valar, and the NRC renewed its motion to dismiss on 28 April 2025. At the parties' request the case was placed in abeyance with periodic status reports. On 26 January 2026 the parties filed a joint status report asking for 45 more days of abeyance; the report says the court had not yet acted on that request. The entry records no settlement and no ruling on the motions to dismiss. (Updates safe-028.)
- Litigation Status Report (As of January 27, 2026), enclosure to SECY-26-0013 (Annual Report on Court Litigation, Calendar Year 2025) (U.S. Nuclear Regulatory Commission, Office of the General Counsel, 2026-01-27) primary government “the case has been placed in abeyance with the parties instructed to file status reports”
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