Supreme Court rules against Texas in interim storage case

June 18, 2025, 3:00PMRadwaste Solutions

The Supreme Court voted 6–3 against Texas and a group of landowners today in a case involving the Nuclear Regulatory Commission’s licensing of a consolidated interim storage facility for spent nuclear fuel, reversing a decision by the 5th Circuit Court of Appeals to grant the state and landowners Fasken Land and Minerals (Fasken) standing to challenge the license.

Supreme Court justices hear arguments in NRC v. Texas

March 6, 2025, 9:30AMRadwaste Solutions
The U.S. Supreme Court. Front row, from left: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, from left: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo: Fred Schilling, Collection of the Supreme Court of the United States)

The U.S. Supreme Court heard oral arguments on Wednesday in the Nuclear Regulatory Commission’s licensing of Interim Storage Partners consolidated interim storage facility in Andrews County, Texas. Both the NRC and ISP petitioned the Supreme Court to review a decision by the 5th Circuit Court of Appeals that invalidated the NRC-granted license for the facility. Those two cases were consolidated into one, NRC v. Texas, which was heard by the court.