Supreme Court Allows Nuclear Waste Storage in Texas

Jun. 18, 2025, 12:59 pm ET

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  • The Supreme Court has ruled that nuclear waste can be temporarily stored in Texas and New Mexico.
  • The decision reverses a federal appeals court ruling that had invalidated the Nuclear Regulatory Commission’s license for the storage facilities.
  • This move paves the way for the nation’s first independent repository for spent nuclear fuel.

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Quick Brief

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Essential Context

The Supreme Court, in a 6-3 decision, has cleared the way for temporary nuclear waste storage facilities in rural Texas and New Mexico. This ruling overturns a previous federal appeals court decision that had blocked the Nuclear Regulatory Commission (NRC) from licensing these facilities.

Core Players

  • U.S. Supreme Court – The highest court in the U.S., which made the ruling.
  • Nuclear Regulatory Commission (NRC) – The agency responsible for licensing nuclear facilities.
  • Interim Storage Partners LLC (ISP) – The private company operating the storage facility in Andrews County, Texas.
  • Waste Control Specialists – The company owning the facility in West Texas that already accepts low-level nuclear waste.

Key Numbers

  • 6-3 – The Supreme Court vote that reversed the federal appeals court ruling.
  • 11 million pounds – The amount of spent uranium fuel that can be stored at the facility in West Texas.
  • Decades – The time federal authorities have been trying to develop a permanent national disposal site without success.

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The Catalyst

The Supreme Court’s decision is a significant milestone in the long-standing issue of nuclear waste storage in the U.S. The case originated from a challenge by Texas and a local oil company against the NRC’s licensing of a temporary storage site in West Texas.

“The NRC’s abuse of authority must be stopped,” said Monica Perales, a Midland-based attorney for Fasken Oil and Ranch, a plaintiff in the case.

Inside Forces

The NRC’s authority to license temporary away-from-reactor spent fuel storage facilities has been a point of contention. The Supreme Court heard oral arguments in March 2025, addressing whether the NRC exceeded its statutory authority and whether parties can challenge agency decisions without being part of the agency proceeding.

The decision reflects the Court’s recent trend of expanding the ability of parties to challenge agency actions, which could significantly impact existing spent nuclear fuel storage policies.

Power Dynamics

The ruling gives the NRC the green light to proceed with licensing temporary storage facilities, despite opposition from local and state entities. This decision underscores the NRC’s authority under the Atomic Energy Act and the Nuclear Waste Policy Act.

The justices’ vote highlights the legal and regulatory complexities surrounding nuclear waste management.

Outside Impact

The decision has broader implications for the nation’s nuclear energy sector. With thousands of tons of high-level radioactive waste currently stored on-site at nuclear power plants, this ruling could pave the way for more centralized and regulated storage solutions.

However, it also raises concerns among local communities and environmental groups about the safety and long-term consequences of storing nuclear waste in these areas.

Future Forces

The ruling sets a precedent for future nuclear waste storage projects. Here are some key areas to watch:

  • Development of permanent national disposal sites.
  • Regulatory changes and potential congressional intervention.
  • Public and community reactions to new storage facilities.
  • Technological advancements in nuclear waste management.

Data Points

  • March 5, 2025: The Supreme Court heard oral arguments in the case.
  • June 18, 2025: The Supreme Court ruled in favor of the NRC’s licensing authority.
  • Decades: The time span during which federal authorities have been seeking a permanent national disposal site.
  • 11 million pounds: The capacity of the storage facility in West Texas for spent uranium fuel.

The Supreme Court’s decision marks a critical step in addressing the nation’s nuclear waste storage challenges. As the country moves forward, it will be important to monitor regulatory developments, public reactions, and technological advancements in this complex and critical area.