The U.S. Supreme Court is currently hearing a significant case regarding the authority of the Nuclear Regulatory Commission (NRC) to license nuclear waste storage facilities. This case arises from challenges made by Texas and New Mexico, along with concerns from the oil industry.
The issue began when the NRC issued a license in 2021 to a company called Interim Storage Partners. This company plans to build a nuclear waste storage facility in Andrews County, Texas, close to the New Mexico border. However, a lower court ruled that this licensing was not lawful, prompting the federal government and the company to appeal to the Supreme Court.
During the arguments, justices expressed skepticism about the NRC’s authority. The court has a conservative majority, and recent rulings have shown hesitation towards federal regulatory agencies. This case is particularly relevant as it unfolds against the backdrop of ongoing debates about the role of federal agencies in managing environmental and safety regulations.
Malcolm Stewart, an attorney representing the U.S. government, defended the NRC’s long-standing practice of issuing licenses for nuclear waste storage since 1980. He argued that this system allows for both onsite and offsite storage, giving private companies a role in addressing nuclear waste while ensuring safety through NRC oversight.
However, the license has faced opposition from local entities, including Fasken Land and Minerals, a Texas-based oil and gas company, and the Permian Basin Coalition of Land and Royalty Owners and Operators. They, along with Texas and New Mexico, argue that the facility could pose environmental risks.
The legal debate also touches on procedural issues. Stewart pointed out that the plaintiffs might not have the authority to challenge the NRC’s decision since they did not participate in the agency’s adjudication process. This sparked questions from justices about whether it is fair for the NRC to control who can contest its actions.
The 5th U.S. Circuit Court of Appeals previously ruled that the NRC lacked the authority to issue the license based on the Atomic Energy Act of 1954. Both the Biden and Trump administrations have continued to appeal this ruling, emphasizing the potential consequences for nuclear power operations and the storage of spent fuel.
Texas and New Mexico contend that Congress has already determined a solution for nuclear waste: permanent storage at Yucca Mountain in Nevada. Justice Neil Gorsuch highlighted the significant investment made in the Yucca Mountain project, questioning the current push for interim storage solutions.
A decision from the Supreme Court is expected by the end of June, which could have lasting implications for nuclear waste management in the United States.