[23-1300] Nuclear Regulatory Commission v. Texas

Nuclear Regulatory Commission v. Texas

Justia · Docket · oyez.org

Argued on Mar 5, 2025.

Petitioner: Nuclear Regulatory Commission.
Respondent: Texas.

Advocates:

• Malcolm L. Stewart (for the Petitioners in No. 23-1300)
• Brad Fagg (for the Petitioner in No. 23-1312)
• David C. Frederick (for Respondent Fasken Land and Minerals, Ltd.)
• Aaron L. Nielson (for Respondents Texas, et al.)

Facts of the case (from oyez.org)

The United States has grappled with nuclear waste storage since the 1940s, initially from weapons development and later from commercial nuclear power. While spent nuclear fuel was originally intended to be reprocessed, this proved impractical, leading Congress to pass the Nuclear Waste Policy Act in 1982. The Act designated Yucca Mountain in Nevada as the nation’s permanent underground repository and required the Department of Energy to begin accepting waste from states by 1998. However, amid strong opposition and delays, the Obama administration halted work on Yucca Mountain and established a Blue Ribbon Commission, which recommended a consent-based approach to siting storage facilities.

Following that shift in policy, Waste Control Specialists (as Interim Storage Partners) applied to build a nuclear waste storage facility in Andrews County, Texas. Despite opposition from Texas's governor and legislature, which passed a law prohibiting such storage, the Nuclear Regulatory Commission issued a license in September 2021. The U.S. Court of Appeals for the Fifth Circuit vacated the license, holding that neither the Atomic Energy Act nor the Nuclear Waste Policy Act authorized the Commission to license private interim storage facilities.

Question

1. Can a nonparty challenge a federal agency’s “final order” under the Hobbs Act’s judicial review provision? 

2. Do federal nuclear laws allow the Nuclear Regulatory Commission to license private companies to store spent nuclear fuel at off-reactor sites?