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Supreme Court rejects challenge to federal approval of nuclear waste storage site in Texas

TEXAS, JUN 18 – The Supreme Court ruled 6-3 that Texas and landowners cannot challenge the Nuclear Regulatory Commission's 40-year license for storing up to 40,000 metric tons of nuclear waste.

  • The U.S. Supreme Court ruled 6-3 in Washington on Wednesday against Texas and oil industry interests challenging the Nuclear Regulatory Commission's license for a nuclear waste storage site in Andrews County, Texas.
  • The case arose after a 2021 decision by the 5th Circuit Court concluding that the Nuclear Regulatory Commission did not have the legal power to grant the license, leading Texas and a private firm to seek judicial review; however, their request was denied because they had not participated in the process earlier.
  • The NRC had issued a 40-year license to Interim Storage Partners in 2021 to store up to 5,500 tons of spent nuclear fuel rods and 231 million tons of radioactive waste near the New Mexico border amid stalled permanent storage plans at Yucca Mountain.
  • Justice Brett Kavanaugh authored the majority opinion, explaining technical grounds for denying review, while Justice Neil Gorsuch dissented, arguing Texas and the company qualified as aggrieved parties due to environmental risks and prior comments.
  • The ruling removes a key obstacle for temporary nuclear waste storage licenses and may revive plans for related facilities in Texas and New Mexico, addressing growing storage needs as existing plants near capacity.
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KBZK broke the news in on Wednesday, June 18, 2025.
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