Supreme Court to Decide on NRC's Authority to License Nuclear Waste Storage

By Nate Raymond

The U.S. Supreme Court agreed on Friday to decide if the Nuclear Regulatory Commission (NRC) can license nuclear waste storage facilities after a lower court ruling that challenged its authority, upending decades of practice.

The justices will hear appeals from President Joe Biden's administration and a company awarded a license by the NRC to construct a waste storage facility in western Texas, following challenges from Texas, New Mexico, and oil industry interests.

Arguments are set to begin in the Supreme Court's new term on Monday, with a decision expected by the end of June. The court, which holds a 6-3 conservative majority, has exhibited skepticism towards federal regulatory agencies in recent years.

The NRC, responsible for regulating nuclear energy in the U.S., granted the license in 2021 to Interim Storage Partners, a collaboration between France's Orano and Dallas' Waste Control Specialists. Although two federal appeals courts upheld the license, the 5th U.S. Circuit Court of Appeals ruled against it, stating the NRC lacked the authority under the Atomic Energy Act of 1954 to issue such a license.

The administration argues this ruling would disrupt the nuclear energy sector. The NRC has issued such licenses since 1980, recognizing the need for more off-site storage for spent fuel. Notably, the proposed permanent storage site at Yucca Mountain in Nevada has faced decades of opposition.

In the ruling, Judge James Ho cited the Nuclear Waste Policy Act, which designated Yucca as the sole permanent storage site for radioactive waste after its amendment in 1987. Interim Storage Partners plans to run its facility in Andrews County, Texas, facing opposition from oil and gas organizations due to its location in the country's top oil-producing region, the Permian Basin.

The plaintiffs, including Texas and New Mexico, and organizations like Fasken Land and Minerals, argue that the facility could pose environmental threats to local watersheds and risk radiation leaks, which could drastically impact oil and gas operations.

Monica Perales, attorney for Fasken Oil & Ranch, stated, "For years, the NRC and two private corporations have attempted to force Texas and New Mexico to accept stockpiled radioactive waste," asserting that the NRC lacks authority for such licenses far from the reactors that generated the waste.