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Monday, April 22, 2024 10:24:18 PM
“To justify the granting of any such writ, the petition must show that the writ will be in aid of the Court's appellate jurisdiction, that exceptional circumstances warrant the exercise of the Court's discretionary powers, and that adequate relief cannot be obtained in any other form or from any other court.” (https://www.law.cornell.edu/rules/supct/rule_20)
These are exceptional circumstances, as required, as here there was a decision by an agency(MARAD), which decision is jeopardizing a project with a so far 100M investment with a current expected revenue of 19B. There is no adequate remedy at law, or any other form, here as by the time a lawsuit is filed and heard, and/or an amended application is filed and processed the DOE decision, the SPAs, and the shipyard space, and the entire project may get scrapped. This is an exceptional circumstance justifying an Extraordinary Writ.
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