Supreme Court blocks Texas challenge to nuclear waste storage

In the United States, the Supreme Court ruled against the state of Texas and a group of landowners regarding the Nuclear Regulatory Commission's approval for a private company to temporarily store nuclear waste in Andrews County, Texas. This decision was made with a 6-3 vote on a Wednesday and addressed a lawsuit that rejected a challenge to the NRC's licensing of Interim Storage Partners, allowing them to store thousands of metric tons of nuclear waste. The court found that neither Texas nor the land developer could challenge the licensing because they did not successfully intervene in the original proceedings. Justice Brett Kavanaugh pointed out that since neither Texas nor Fasken were parties in the proceedings, they were not entitled to judicial review under the Hobbs Act, which governs how parties aggrieved by an agency’s final order can appeal. This ruling comes amidst ongoing debates about nuclear waste management in the U.S., especially as existing nuclear plants are running out of storage space and current plans for permanent storage remain stalled, particularly at the Yucca Mountain site in Nevada due to strong local opposition. The decision by the Supreme Court also potentially reinvigorates plans for a similar facility in New Mexico, where another company was granted a license to store nuclear waste. The federal appeals court had previously ruled against the licenses, leading to this Supreme Court intervention that effectively removes a significant obstacle facing the temporary storage of nuclear waste. As of now, more than 90,000 metric tons of nuclear waste from commercial power plants is stored across the country, with a growing accumulation of waste expected to further complicate decommissioning efforts. Current temporary licenses allow for operation for up to 40 years, with potential extensions, emphasizing the urgent need for a structured solution to the nuclear waste dilemma nationwide.