Texas v. United States, No. 17-60191 (5th Cir. 2018)Annotate this Case
The Fifth Circuit granted Nevada's motion to dismiss Texas' petitions for declaratory and injunctive relief in a dispute arising out of the government's struggle with nuclear waste disposal under the Nuclear Waste Policy Act of 1982. Texas sought equitable relief prohibiting the Department of Energy from conducting any other consent-based siting activity and ordering defendants to finish the Yucca licensure proceedings. The court held that the deadline in 42 U.S.C. 10139(c) was not jurisdictional, and thus proceeded to consider whether the continuing violations doctrine may apply to Texas' claims; applying either versions of the continuing violations doctrine, whether as a tolling mechanism or as an apparent shorthand for an exercise in statutory interpretation, Texas' claims were still untimely; the court lacked jurisdiction to consider the Department of Energy's 2017 consent-based siting activities because they were not sufficiently final under the statute; and thus Texas' claims did not satisfy the statutory requirements of timeliness or finality.