The Supreme Court has agreed to review a ruling by the 5th U.S. Circuit Court of Appeals concerning the Nuclear Regulatory Commission’s decision to grant a license to a private company for storing spent nuclear fuel in West Texas for 40 years, with implications for a similar facility in New Mexico.
Numerous political leaders in both states, including Republican Gov. Greg Abbott of Texas, have expressed opposition to becoming a nuclear waste dumping ground for the nation.
The big picture: The temporary storage sites for nuclear waste are part of the broader challenge in the search for a permanent underground storage facility, as approximately 100,000 tons of spent fuel are accumulating nationwide annually.
- The plan to construct a national storage facility near Las Vegas at Yucca Mountain was shelved due to substantial opposition from Nevada residents and officials.
- The Supreme Court has scheduled the nuclear waste storage case among 13 others for the upcoming term, presenting significant legal considerations associated with the NRC’s authority and the states’ right to object to licensing decisions.
Driving the news: Two federal courts upheld the NRC’s authority to license temporary storage sites, while the 5th Circuit allowed the cases to proceed, emphasizing Congress’s requirement to address major national issues directly under specific regulatory authority.
- Texas and environmental groups cited a Supreme Court decision mandating congressional specificity when delegating agency control over significant national topics, setting the stage for a legal debate over the NRC’s licensing powers.
- The NRC authorized a Texas license to Interim Storage Partners LLC for a facility in Andrews County capable of storing spent nuclear fuel rods and radioactive waste, with a parallel license granted to Holtec International for a temporary storage site in New Mexico’s Lea County, a decision that has been challenged by state officials.
- Expectations are for a ruling by the middle of next year, including considerations of federal law on temporary storage sites and the NRC’s historical authority in nuclear waste management.
