Nuclear Regulatory Commission

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In a 6-3 decision, the Supreme Court held that the State of Texas and Fasken Land and Minerals Ltd., a private Texas-based company involved in oil and gas extraction and production, lack standing to challenge the Nuclear Regulatory Commission’s (NRC) decision to license a private nuclear waste storage facility in West Texas. Writing for the majority in Nuclear Regulatory Commission v. Texas, Justice Kavanaugh concluded that neither Texas nor Fasken qualified as “aggrieved parties” under the Hobbs Act. Justice Gorsuch dissented, joined by Justices Alito and Thomas.

Continue Reading Decision Alert: Supreme Court Rules Texas Lacks Standing to Challenge Nuclear Regulatory Commission Licensing Decision

Nuclear Regulatory Commission v. Texas raises significant questions about the scope of the Nuclear Regulatory Commission’s decision-making and who can contest those decisions. The issues before the Court are whether the Nuclear Regulatory Commission (NRC) may license private companies to store depleted nuclear fuel and whether a nonparty can challenge the agency’s final orders.

Continue Reading Supreme Court Tackles Nuclear Regulatory Commission’s Powers and Nonparty Challenges to Final Orders