“Revealed: Secretive Showdown Over Nuclear Waste Storage”
Washington – The Supreme Court delved into the decades-long debate regarding nuclear waste storage by addressing a dispute over the federal government’s approval of a storage facility in Texas. The nine justices will consider whether the Nuclear Regulatory Commission acted appropriately in permitting a company known as Interim Storage Partners to store spent nuclear fuel in Andrews County, Texas, for a maximum of 40 years. The 5th U.S. Circuit Court of Appeals, based in New Orleans, criticized the NRC’s 2021 decision, leading the Biden administration to file an appeal. Subsequently, the Trump administration assumed control of the case and is advocating for the commission’s ability to authorize private nuclear waste storage sites. Among those objecting to the approval are state officials, including Republican Governor Greg Abbott.
Acting on behalf of the Trump administration, Solicitor General Sarah Harris argued in court documents that Texas’ legal stance, if validated by the court, could jeopardize the commission’s authority to license private spent nuclear fuel storage at any location, threatening to disrupt nuclear reactor operations. Abbott, along with other parties such as major landowner Fasken Land and Minerals, contested the NRC’s decision in court. The appeals court ruled that they had the right to challenge the decision and concluded that the agency lacked the power to issue the license.
According to Texas officials, the NRC’s approval would allow for the above-ground storage of up to 40,000 metric tons of waste in the Permian Basin, a region known for its oil reserves and as a water source for nearby communities. “Nothing about this license is lawful,” stated Texas Solicitor General Aaron Nielson in court filings. The NRC asserts that under the Atomic Energy Act, it has the authority to direct spent nuclear fuel to be transported across the nation and stored “temporarily” at another privately owned site different from its origin. The agency also contends that Texas had no legal basis to directly challenge the NRC’s decision in the appeals court, as the state did not participate in the NRC proceedings initiated during the initial Trump administration.
The legal battle in Texas is the latest development in the ongoing dispute over nuclear waste storage. A previous protracted struggle centered around plans to construct a storage facility at Yucca Mountain, Nevada. The project was effectively terminated during the Obama administration, partly due to the opposition of the late Senator Harry Reid of Nevada, who was then the Senate majority leader. Nielson highlighted in a court submission that, under federal law, Yucca Mountain is the sole authorized location for permanent storage of spent nuclear waste. The potential revival of the Yucca Mountain project by the Trump administration remains uncertain at present.
