Supreme Court okays nuclear waste storage in Texas

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The U.S. Supreme Court is pictured on June 30, 2023 in Washington, DC. (Credit: Kevin Dietsch/Getty Images)

WASHINGTON - The Supreme Court on Wednesday ruled to restart plans to temporarily store nuclear waste at a site in West Texas.

In a 6-3 decision, the court overturned a ruling from a federal appeals court that blocked a license from the Nuclear Regulatory Commission that would allow a private company to set up a facility in West Texas.

What they're saying:

In Wednesday's ruling, the court didn't say that Texas and private business Fasken Land Minerals were wrong in their challenge, just that they didn't have basis to challenge the license because they were part of the license proceeding.

"The text of the Atomic Energy Act indicates that one must be the license applicant or successfully intervene in order to obtain party status in a Commission licensing proceeding," Justice Brett Kavanaugh said, delivering the court's opinion.

The other side:

However, Justice Neil Gorsuch, who wrote the dissenting opinion, argued that Texas and Fasken were impacted by the decision to build the off-site facility.

"Radioactive waste poses risks to the State, its citizens, its lands, air, and waters, and it poses dangers as well to a neighbor and its employees," Gorsuch said.

Gorsuch said that Texas and Fasken became parties in NRC's licensing proceeding when they were given the opportunity to express their thoughts to the commission.

Andrews, Texas

In 1980, the Nuclear Regulatory Commission clarified the rules for nuclear waste storage as it pertains to commercial nuclear power plants allowing for on-site and off-site storage.

In 2018, Interim Storage Partners applied for a license to build an off-site storage facility in Andrews, Texas. That license was granted by the NRC in 2021.

The license would allow ISP to operate the facility for 40 years with the possibility of renewing the license at 40-year intervals.

According to the Associated Press, roughly 100,000 tons (90,000 metric tons) of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons (1,800 metric tons) a year. The waste was meant to be kept there temporarily before being deposited deep underground.

The need for temporary storage sites arises from existing nuclear plants running out of room.

What they're saying:

The decision to build the West Texas facility spurred bipartisan opposition from Texas lawmakers.

"Texas will not become America’s nuclear waste dumping ground," Gov. Greg Abbott said in 2021.

Ahead of the Supreme Court hearing the case, Sen. Ted Cruz filed a brief urging the court to uphold the appeals court ruling.

The brief was signed on by Texas lawmakers on both sides, including fellow Texas Sen. John Cornyn, Republican Rep. Jodey Arrington and Democratic Rep. Henry Cueller.

"The Permian Basin is our nation’s leading oil- and gas-producing region and a critical pillar of America’s energy security," Cruz told Fox News Digital in January. "I support the State of Texas in opposing the NRC’s federal overreach and will keep fighting to ensure West Texas remains the energy power house it is today."

Yucca Mountain, Nevada

Plans for a permanent underground storage facility at Yucca Mountain, northwest of Las Vegas, are stalled because of staunch opposition from most Nevada residents and officials.