Supreme Court Approves Federal Nuclear Waste License in Texas
(MENAFN) On Wednesday, the U.S. Supreme Court ruled against Texas in its attempt to contest federal approval of a temporary nuclear waste storage facility owned by a private company. The Court determined that Texas lacks standing to challenge the Nuclear Regulatory Commission’s (NRC) licensing decision, as it was not an official participant in the NRC’s approval process.
This ruling overturns a prior decision made by the federal appeals court in New Orleans, which had previously nullified the NRC’s license for a site located in southwest Texas. The license authorizes the facility’s operation for 40 years, with an option to extend for another 40 years.
Following the Supreme Court’s decision, reports from local media indicate that a similar facility planned for New Mexico is expected to move forward.
Justice Brett Kavanaugh, who penned the majority opinion, clarified that neither Texas nor the Texas-based energy company Fasken Land and Minerals had the legal standing to bring the lawsuit concerning the license.
He stated, “Under the Hobbs Act, only an aggrieved 'party' may obtain judicial review of a Commission licensing decision.”
Kavanaugh further explained, “Texas and Fasken are not license applicants, and they did not successfully intervene in the licensing proceeding. So neither was a party eligible to obtain judicial review.”
In response, the NRC released a statement highlighting that the Supreme Court’s ruling underscores the agency’s authority in these matters.
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