Supreme Court rejects challenge to federal approval of nuclear waste storage site in Texas
- On Wednesday, the U.S. Supreme Court ruled 6-3 against Texas and several landowners, upholding the Nuclear Regulatory Commission's approval of a private company’s license to operate a site for storing nuclear waste in western Texas.
- The ruling followed challenges after a 2021 appeals court decision that declared the NRC lacked authority under the Atomic Energy Act to issue the license to Interim Storage Partners.
- In 2021, the NRC granted Interim Storage Partners a license to temporarily hold nuclear waste in above-ground, dry-cask facilities for up to 40 years, authorizing storage of nuclear material equivalent to several thousand metric tons due to the absence of a permanent disposal site.
- Justice Brett Kavanaugh wrote that Texas and landowners were not parties entitled to judicial review because they failed to intervene earlier; Justices Gorsuch, Thomas, and Alito dissented.
- The decision removes a major legal obstacle for temporary nuclear waste storage and may reinvigorate similar proposals in New Mexico amid stalled permanent site plans at Yucca Mountain.
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59 Articles

Supreme Court clears way for temporary nuclear waste storage in Texas, New Mexico
The Supreme Court's 6-3 decision revives plans for temporary nuclear waste storage in Texas and New Mexico, addressing growing spent fuel challenges
Justices Back Temporary Texas Nuclear Waste Storage Site
(Bloomberg) — The US Supreme Court left intact a federal plan to store as much as 40,000 tons of highly radioactive waste at a temporary site in west Texas over the objections of local landowners and oil and gas operators.
Nuclear waste can be temporarily stored in Texas and New Mexico, Supreme Court rules
The justices, by a 6-3 vote, reversed a federal appeals court ruling that invalidated the license granted by the Nuclear Regulatory Commission to a private company for the facility in southwest Texas.
Clearing the way for temporary nuclear waste storage in Texas and New Mexico
The Supreme Court on Wednesday restarted plans to temporarily store nuclear waste at sites in rural Texas and New Mexico, even as the nation is at an impasse over a permanent solution. The justices, by a 6-3 vote, reversed a federal appeals court ruling that invalidated the license granted by the Nu...
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