burial of nuclear waste, dangers of nuclear, environment, Holtec, Holtec International, Kris Singh, NRC, nuclear, nuclear disaster, nuclear energy, nuclear industry, nuclear power, nuclear reactors, nuclear safety, nuclear waste, Public Watchdogs, radioactive waste, risk management, San Diego Gas & Electric, San Onofre, San Onofre Nuclear Generating Station, SCOTUS, Sempra Energy, Souther Cal Edison, Southern California Edison, US NRC, US Supreme Court, Writ of Certiorari
“Docket for 20-1676
Title:Public Watchdogs, Petitioner v. Southern California Edison Company, et al.
Southern California Edison Company, et al. United States Court of Appeals for the Ninth Circuit Blanket Consent filed by Petitioner, Public Watchdogs, A California 501(C)(3) Corporation “ https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-1676.html
IN THE Supreme Court of the United States
PUBLIC WATCHDOGS, A CALIFORNIA 501(C)(3) CORPORATION, Petitioner,
SOUTHERN CALIFORNIA EDISON COMPANY; SAN DIEGO GAS & ELECTRIC COMPANY; SEMPRA ENERGY; HOLTEC INTERNATIONAL, Respondents.
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
PETITION FOR A WRIT OF CERTIORARI
CHARLES LA BELLA
ERIC J. BESTE
BARNES & THORNBURG LLP 655 W. Broadway, Ste. 1300 San Diego, CA 92101
L. RACHEL LERMAN
BARNES & THORNBURG LLP 2029 Century Park East Los Angeles, CA 90067
BRIAN E. CASEY
Counsel of Record SARAH E. BROWN
BARNES & THORNBURG LLP 201 S. Main St. Suite 400 South Bend, IN 46601
Counsel for Petitioner
The burial and storage of nuclear waste in faulty canisters on a California beach significantly threatens public health and safety. Petitioner sought to enjoin the tortious conduct of private entities decommissioning the San Onofre nuclear plant, but the courts below dismissed its claims in favor of a Nuclear Regulatory Commission (“NRC”) forum that cannot provide appropriate relief.
In Silkwood v. Kerr-McGee Corp., 464 U.S. 238, 248 (1984), this Court addressed an “important” issue “affect[ing] both the states’ traditional authority to provide tort remedies to its citizens and the federal government’s express desire to maintain exclusive regulatory authority over the safety aspects of nuclear power,” and concluded that state law claims and remedies are not wholly displaced by federal regulation. See also Cook v. Rockwell Int’l Corp., 790 F.3d 1088, 1098 (10th Cir. 2015) (Gorsuch, J.) (same).
Recently, four Justices warned against allowing the Hobbs Act to exceed constitutional bounds and swallow up viable claims. PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051, 2057 (2019) (Kavanaugh, J., concurring). The decision below strips district courts of jurisdiction over private litigation against NRC licensees, contrary to the Hobbs Act’s language and purpose, this Court’s precedents, and multiple circuit courts. The question presented is:
Whether the Hobbs Act deprives a federal district court of subject matter jurisdiction over state law and Price-Anderson Act claims asserted by a private actor against private party NRC licensees, on the ground such claims are “ancillary or incidental to” an NRC final order.
PARTIES TO THE PROCEEDINGS BELOW
Petitioner Public Watchdogs was the plaintiff in the district court and appellant in the Ninth Circuit Court of Appeals. Respondents Southern California Edison Company, San Diego Gas & Electric Company, Sempra Energy, and Holtec International were defendants in the district court and appellees in the court of appeals. The NRC, which is not a respondent here, was also a defendant in the district court and an appellee in the court of appeals.
CORPORATE DISCLOSURE STATEMENT
Pursuant to this Court’s Rule 29.6, petitioner certifies that it is a California 501(c)(3) corporation. It has no parent corporation, and, as a non-profit corporation, it has no stock.”
Additional information at the Docket link.
“LOS ANGELES JUDGE ISSUES TENTATIVE DECISION ON SAN ONOFRE LAWSUIT June 5, 2021 Public Watchdogs “ http://www.samuellawrencefoundation.org/wp-content/uploads/2021/05/SLF-Opening-Brief-04.19.2021.pdf https://publicwatchdogs.org/wp-content/uploads/2021/06/512032217-2021-06-16-SLF-Case-No-1-Tentative-Ruling-CLEAN.pdf