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US Supreme Court to hear Texas nuclear waste storage case

US Supreme Court to hear Texas nuclear waste storage case

On Wednesday, the U.S. Supreme Court heard arguments about whether the Nuclear Regulatory Commission is authorized to issue licenses for nuclear waste storage. The states of Texas and New Mexico along with the oil industry objected. The U.S. Government and a company, which was granted a license to operate an operation in western Texas by the NRC (the federal agency responsible for regulating nuclear energy in the United States), have appealed the ruling of a lower court that declared this storage arrangement illegal. Arguments were still ongoing. In several important rulings, the Supreme Court's conservative majority of 6-3 questioned the authority and competence of federal regulatory agencies during former president Joe Biden’s administration. The NRC case comes at a time that President Donald Trump has been targeting federal agencies as part of his campaign to reduce and overhaul the U.S. Government and fire thousands workers.

In 2021, the NRC granted a license to Interim Storage Partners for the construction of a nuclear waste facility in Andrews County near New Mexico. Since 1980, the NRC has granted such licenses to companies.

After decades of opposition, a proposal to store spent nuclear fuel permanently at a federal facility in Yucca Mountain, Nevada has been put on hold.

Since 1980, NRC regulations have allowed for both on-site and off-site storage. This system gives the private sector a significant role in the storage of nuclear waste, subject to oversight by the commission to ensure safety and compliance with the statutory requirements. Malcolm Stewart, a lawyer for the U.S. Government, explained to the justices that this system is based on the market's ability to respond to these issues.

Fasken Land and Minerals and Permian Bassin Coalition of Land and. Royalty Owners and Operators, both nonprofit organizations based in Texas, challenged the Interim Storage Partners' license. Texas and New Mexico joined the lawsuit, claiming that the facility was a threat to the environment.

Stewart said the plaintiffs did not have the authority to file the lawsuit, because they had not participated in the adjudication process of the agency.

Stewart said to Clarence Thomas, a conservative justice: "You would have to intervene in an adjudication and the rules of the commission set the process for interventions."

"Isn’t it odd that the agency, whose actions are being challenged in court, has such a great deal of control" over "who can challenge the action?" Justice Elena Kagan asked Stewart.

Thomas continued, "I find it strange that NRC can choose which parties will be able to challenge the NRC later."

The 5th U.S. Circuit Court of Appeals, based in New Orleans, found that the NRC lacked authority to issue the license based on a law called Atomic Energy Act of 1954. Circuit Court of Appeals determined that NRC lacked the authority to grant the license based upon a 1954 law known as the Atomic Energy Act. The ruling was appealed by the Biden administration at the Supreme Court, and the Trump administration took up the appeal.

In a brief filed in December, Biden's solicitor general Elizabeth Prelogar claimed that the 5th Circuit decision would "entirely gut the Atomic Energy Act" because nuclear power plants can't operate without producing spent fuel which must be stored.

In February, acting solicitor general Sarah Harris of the Trump administration told the court that the 5th Circuit's decision could "remove the commission from authority to grant a license for the private storage or spent nuclear fuel at any location," and "halt the operation of nuclear reactors."

Texas and New Mexico claimed that the NRC did not have the authority to grant the license and that Congress had already "legislated a solution for the nation's problem with nuclear waste: permanent storage at Yucca Mountain."

Justice Neil Gorsuch, a conservative, said: "Yucca Mountain should have been the permanent solution." "We spent about $15 billion, and now it's just a hole." "The parties seem to believe that the Yucca Mountain project is dead."

Gorsuch asked, "What is the meaning of this interim storage that the government authorizes here?" On a concrete platform located in the Permian basin, where we obtain our oil and natural gas. Hopefully we will not get radioactive oil or gas.

The case will be decided by the end June.

(source: Reuters)