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Supreme Court Upholds NRC Approval of Texas Nuclear Waste Storage

The Supreme Court decision preserves federal authority under the Atomic Energy Act to license a 40-year temporary waste facility in Andrews County.

A heavy duty excavator loads a container truck with hazardous uranium tailings at the UMTRA remediation project in Moab, Utah, on Feb. 9, 2023.
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A view of the U.S. Supreme Court building on the first day of the court's new term in Washington, U.S. October 3, 2022.  REUTERS/Jonathan Ernst/File photo
Supreme Court Justice nominee Neil Gorsuch speaks on Capitol Hill in Washington, Tuesday, March 21, 2017, during his confirmation hearing before the Senate Judiciary Committee.

Overview

  • The court ruled 6-3 that Texas and oil industry groups lacked standing after they failed to participate adequately in the NRC’s licensing process.
  • Interim Storage Partners received its license in 2021 to store up to 40,000 metric tons of spent nuclear fuel in the Permian Basin for up to 40 years.
  • Justices cited the Atomic Energy Act as granting the NRC explicit power to regulate temporary off-site storage as the Yucca Mountain project remains stalled.
  • Opponents had warned of environmental risks from above-ground storage near the TexasNew Mexico border but their lawsuit was dismissed.
  • The ruling establishes a legal precedent reinforcing federal agency authority and clearing the way for additional interim storage solutions.