The Supreme Court has agreed to review the fight over plans to store nuclear waste at sites in rural Texas and New Mexico. The case involves a ruling by the 5th U.S. Circuit Court of Appeals that found the Nuclear Regulatory Commission exceeded its authority in granting a license to a private company to store spent nuclear fuel in West Texas for 40 years. Political leaders in both states oppose the facilities, with Texas Governor Greg Abbott stating the state will not be America’s nuclear waste dumping ground.
The push for temporary storage sites is part of the nation’s struggle for a permanent underground storage facility, with over 100,000 tons of spent fuel piling up at various sites nationwide. Plans for a national storage facility at Yucca Mountain have been stalled due to opposition. The fight over storing nuclear waste is among 13 cases added to the Supreme Court’s agenda for the upcoming term.
The case involves two main issues – whether the states have the right to object to the licensing decisions and whether federal law allows the commission to license temporary storage sites. The Biden administration argues the commission has authority under the 1954 Atomic Energy Act to handle nuclear waste. The decision on these issues is expected by mid-next year.
Both Texas and New Mexico are opposed to the licensed storage facilities in their states. In Texas, Interim Storage Partners LLC was granted a license for a facility in Andrews County, while in New Mexico, Holtec International’s license was blocked by the 5th Circuit for a site in Lea County. The fight over nuclear waste storage highlights the complex political and legal challenges surrounding the issue.
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