The U.S. Supreme Court has decided to hear a case regarding the transportation of highly radioactive nuclear waste to rural West Texas. This case has been ongoing for years and could have significant implications for how the country manages the increasing amount of waste generated by nuclear power plants.
Interim Storage Partners, a company that has been pushing for the transportation of high-level nuclear waste from power plants nationwide to a storage facility in Andrews County, Texas, had its federal license revoked last year due to a Texas-led lawsuit. Despite this setback, the company and the Nuclear Regulatory Commission have appealed the decision, leading to the case being taken up by the Supreme Court.
The dispute over the nuclear waste plan has involved lower courts, the Texas Legislature, and rural communities that could be affected. Although Texas lawmakers passed a law banning the plan in 2021, the waste company and the federal government have continued to fight for its approval.
The central question before the Supreme Court is whether federal regulators have the authority to approve privately operated, high-level nuclear waste storage sites located far from where the waste is generated. A ruling in the Texas case could impact a similar proposal in New Mexico, currently being debated in a lower federal court.
Various federal courts have previously ruled against licensing such facilities, but supporters of the Texas and New Mexico plans, including the nuclear energy industry, disagree. They argue that the Atomic Energy Act gives the NRC broad authority over used fuel storage, both at-reactor and away-from-reactor.
Fasken Oil and Ranch, a company in West Texas, has been fighting against the nuclear waste plan. Monica Perales, an attorney for the firm, stated that the plan poses a threat to the oil and gas industry in the region, which is one of the most productive in the U.S.
The issue of nuclear waste disposal has been a challenge for U.S. administrations for decades. Congress attempted to address the problem in the 1980s but faced obstacles in finding a permanent solution for toxic waste. The proposed facilities in Texas and New Mexico are intended to serve as temporary storage sites while the search for a permanent disposal solution continues.
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