Supreme Court Decision Opposes Texas on Nuclear Waste Facility

In a definitive ruling, the Supreme Court has decided against the state of Texas and a coalition of landowners. These parties contested the Nuclear Regulatory Commission's (NRC) authorization granted to a private enterprise for storing substantial volumes of nuclear waste temporarily within the Texas boundaries.

Justice Brett Kavanaugh, representing the majority in a 6-3 decision, articulated that neither Texas nor a specific land developer were direct participants in the NRC's licensing proceedings. Consequently, they lacked the legal standing to demand judicial scrutiny of the commission's licensing decision.

The challenge of managing nuclear waste storage has been politically fraught since nuclear power emerged in the previous century. Congress in 1982 legislated a mandate for the federal government to establish a lasting repository for spent nuclear fuel. Yucca Mountain in Nevada emerged as the proposed site for this facility.

However, the Yucca Mountain project stalled, primarily due to state-level resistance and was additionally hindered during the Obama presidency. The future stance of subsequent administrations, like that of President Trump, regarding resuming this project remains uncertain.

The persistent problem of storing growing quantities of spent nuclear fuel persists. Currently, over 90,000 metric tons of nuclear waste from commercial energy plants are held at various locations. New storage needs accumulate annually as the country's nuclear power plants, delivering close to 20% of national electricity, produce roughly 2,000 metric tons of additional spent fuel each year.

In September 2021, the NRC sanctioned a license for a corporation known as Interim Storage Partners. This license permits the storage of 5,000 to 40,000 metric tons of nuclear waste using dry-cask technology, in an above-ground format for a period extending up to 40 years.

The proposed storage site is planned for Andrews County, Texas, west of Dallas, near New Mexico’s boundary. This region already accommodates a facility for low-level radioactive waste disposal.

Before the licensing was finalized, Texas registered objections to the proposed site, expressing particular concern over storing radioactive waste on a concrete pad located in the Permian Basin—an area dense with oil and gas extraction infrastructure that contributes significantly to the nation’s oil production.

Texas Governor Greg Abbott and the Texas Commission on Environmental Quality did not take part in the NRC's proceedings. However, there were interventions from other entities, including a company with land interests in the Permian Basin, which did not succeed in their challenge before the commission.

In seeking redress, the state and landowners petitioned the U.S. Court of Appeals for the 5th Circuit to review the license granted to Interim Storage Partners. Although the court permitted the legal proceedings to continue, it also determined that the NRC overstepped its authority by allowing nuclear waste storage in facilities outside of where it was initially generated.

The core issues reviewed by the Supreme Court included whether Texas and landowners had missed their opportunity to challenge the NRC license by not engaging during earlier licensing phases.