Supreme Court to Hear Nuclear Waste Storage Dispute

WASHINGTON — The Supreme Court will hear arguments Wednesday regarding plans to store nuclear waste at proposed sites in rural Texas and New Mexico. The case stems from an appeal by the Justice Department and Interim Storage Partners LLC, which holds a license for a Texas facility. A lower court ruled that the Nuclear Regulatory Commission (NRC) exceeded its authority in granting this license, a decision that could also impact a similar facility planned in New Mexico.

The dispute highlights a significant aspect of federal energy policy, as the Biden administration seeks to navigate complex political waters surrounding nuclear waste management. Current waste levels, which have been accumulating since the 1980s, now exceed 80,000 metric tons and grow at a rate of over 2,000 tons annually. The existing temporary sites, intended for short-term stays, are becoming increasingly crowded, as existing nuclear facilities run out of storage capacity.

Earlier attempts to establish a national permanent storage facility at Yucca Mountain in Nevada have stalled amid significant local opposition. Advocates for temporary storage argue that it is crucial for managing spent fuel from nuclear plants, particularly as these plants approach the decommissioning phase. A repository site at Andrews County, Texas, is proposed to accommodate up to 5,000 metric tons of spent nuclear fuel alongside a dump for low-level radioactive waste in the region.

Texas Governor Greg Abbott leads the opposition against the Texas site, expressing concerns over safety and environmental impacts. He is joined by New Mexico Governor Michelle Lujan Grisham, who opposes the facility in her state. Lawmakers, including Republican Texas Senator Ted Cruz, have voiced that the proposed sites pose significant terrorism risks, particularly if built above the resource-rich Permian Basin that spans Texas and New Mexico.

The justices are tasked with addressing whether states lost their objection rights in licensing decisions by not participating in the NRC’s proceedings. Legal experts note that two other federal appellate courts previously ruled that the NRC had proper authority, only the 5th Circuit court opposed that view, opening the door for Supreme Court scrutiny.

Moreover, the case brings to light a broader legal question about the federal government’s jurisdiction over nuclear waste management. Opponents refer to a pivotal 2022 Supreme Court ruling which stated Congress must authorize regulatory actions that significantly impact national interests. The ruling may bolster their argument that decisions about nuclear waste necessitate direct legislative oversight.

The Justice Department maintains that the NRC has longstanding authority under the 1954 Atomic Energy Act to regulate nuclear waste, asserting that the temporary storage site licenses are necessary to address the pressing issues of storage and environmental safety.

The decision from the Supreme Court, expected later this year, could redefine the future of nuclear waste management in the United States and either support or counter prevailing concerns over safety and regulation in the growing nuclear energy sector.