5th Circuit Asks for Briefs on What New SCOTUS Decision Means for School Bus Case
The 5th U.S. Circuit Appeals Court asked both sides to file briefs about the implications of Wednesday’s decision by the U.S. Supreme Court in Nuclear Regulatory Commission v. Texas on the school bus Wi-Fi case before the circuit. Judges heard oral argument in November (see 2411040061) on overturning the FCC’s declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040). The court asked for briefs of no more than five pages.
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SCOTUS rejected a challenge that Texas and a group of landowners brought against the Nuclear Regulatory Commission's approval of a private company's plan to temporarily store thousands of metric tons of nuclear waste at a facility in the state. Justice Brett Kavanaugh wrote in a 6-3 decision that neither Texas nor a land developer were parties to the commission's licensing proceeding, and they aren't entitled to obtain judicial review. Conservative Justices Neil Gorsuch, Clarence Thomas and Samuel Alito dissented.
“Based on this morning's decision … there is a pretty good chance the court will find it has no jurisdiction to hear the [school bus Wi-Fi] case,” said a lawyer who supports the FCC’s order.