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The US Supreme Court will consider nuclear waste storage disputes

The US Supreme Court will consider nuclear waste storage disputes

On Wednesday, the U.S. Supreme Court will decide whether the Nuclear Regulatory Commission is authorized to issue licenses for nuclear waste storage sites. Texas and New Mexico have objected to this as has the oil industry.

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 nuclear energy regulation in the United States), have appealed the ruling of a lower court that declared this storage arrangement illegal. In several important rulings, the conservative-majority Supreme Court, with a 6-3 majority, questioned the authority of federal agencies during former president Joe Biden's tenure. 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.

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.

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 "deprive commissions of the authority to grant private storage licenses of spent nuclear fuel at any location," and "halt the operation of nuclear reactors."

The U.S. Government also claims that plaintiffs did not have the authority to file the lawsuit, because they had failed to take part in the agency's adjudication procedure.

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."

The case will be decided by the end June.

(source: Reuters)