The Fifth Circuit ruled in favor of Texas, determining that the Nuclear Regulatory Committee had overstepped its authority by attempting to store nuclear waste in western Texas. The Supreme Court has agreed to hear cases related to this issue, as Texas has passed a law prohibiting the disposal of high-level radioactive waste in the state. Governor Greg Abbott has been vocal in his opposition to Texas becoming a dumping ground for such waste. The Biden administration and Interim Storage Partners are seeking to reverse the Fifth Circuit’s decision, arguing that it goes against established practices.
Texas has raised concerns about the dangers of storing nuclear waste in the Permian Basin Region, a major oil-producing area in the U.S. The legal battle surrounding nuclear waste disposal has been ongoing for years, with the Supreme Court set to address whether the NRC had the authority to license companies for temporary waste storage. Judge James Ho of the Fifth Circuit argued that current laws did not permit private storage facilities for spent nuclear fuel. However, the Biden administration disagreed, stating that the Atomic Energy Act allows for interim storage of such fuel.
Another issue being considered is whether Texas’s involvement in the lawsuit is valid under the Hobbs Act. The NRC contends that Texas and energy company Fasken were not part of the original licensing process and therefore should not have standing to request a review. Judge Ho cited an exception to the Hobbs Act’s limitations, but the Biden administration argues that this interpretation is flawed and conflicts with how other circuits have interpreted the law.
Overall, the decision by the Fifth Circuit could have significant implications for the NRC and the nuclear power industry, as it disrupts the existing regulatory framework for storing spent fuel. The Supreme Court’s decision on these matters will be crucial in determining the future of nuclear waste disposal in the U.S. Please rewrite this sentence.
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