Judge Stephen Higginson of the U.S. Court of Appeals for the Fifth Circuit. Courtesy photo 'Troubling Dicta': Dissenting Judges Say Nuclear Waste Ruling Deepens Circuit Split
"This exercise of jurisdiction has grave consequences for regulated entities' settled expectations," Fifth Circuit Judge Stephen Higginson wrote in dissent.
March 15, 2024 at 02:50 PM
4 minute read
Administrative Law
A U.S. Court of Appeals for the Fifth Circuit decision siding with Texas in its challenge to a nuclear waste storage license is based on decades-old dicta and deepens an existing circuit split on a jurisdiction issue, judges dissenting to a denial of an en banc rehearing stated Thursday.
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