Latest News

The US Supreme Court sides up with the federal agency in nuclear waste facility licensing

The U.S. Supreme Court ruled Wednesday against Texas and the oil industry in their challenge of Nuclear Regulatory Commission's authority to license certain facilities for nuclear waste storage.

The conservative Justice Brett Kavanaugh authored the 6-3 ruling that reversed an earlier court decision declaring illegal a license granted by the NRC for a company named Interim Storage Partners, to operate a storage facility of nuclear waste in western Texas. The NRC regulates nuclear power in the United States.

The NRC granted a license to Interim Storage Partners, a joint venture between France's Orano and Dallas' Waste Control Specialists in 2021 for the construction of a nuclear waste facility in Andrews County near New Mexico.

The U.S. Government and the Company had appealed against the decision of the 5th U.S. Circuit Court in New Orleans. Circuit Court of Appeals ruled that NRC lacked the authority to grant the license based upon a 1954 law known as the Atomic Energy Act. The appeal was filed under former Democratic President Joe Biden, and continued by Republican President Donald Trump.

The government claimed that Congress granted the NRC authority to issue temporary off-site nuclear storage facilities.

Fasken Land and Minerals and the nonprofit Permian basin Coalition of Land and royalty owners and operators challenged Interim Storage Partners' license.

Texas and New Mexico joined the lawsuit later, claiming that the facility was a threat to the environment of the two states. New Mexico's case was later dismissed.

Kavanaugh's ruling stated that "to qualify as a part of a licensing procedure, the Atomic Energy Act mandates either being a license applicant or having successfully intervened in a licensing proceedings." In this case however, Texas, Fasken, and the other parties were not license applicants and did not intervene successfully in the licensing proceedings. He wrote that neither Texas nor Fasken was eligible to seek judicial review at the 5th Circuit.

During the March 5 oral arguments, some conservative Supreme Court justices appeared to be wary of NRC's assertion that the licensing arrangements in question would only be temporary. The license granted to Interim Storage Partners would last 40 years with the option of renewal.

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.

In recent years, the Supreme Court has, with a conservative majority of 6-3, limited the power of federal agencies, including the Environment Protection Agency and Securities and Exchange Commission. Last year, the court overturned its 1984 precedent which had accorded deference to agencies when interpreting laws.

Trump, who returned to the presidency as of January 2017, has dismantled various agencies in his campaign to reduce the federal workforce and reform the government.

(source: Reuters)