Supreme Court rejects challenge to federal approval of nuclear waste storage site in Texas

The Supreme Court rejected a challenge to the authority the federal Nuclear Regulatory Commission to approve a facility in Texas to store spent fuel.

WASHINGTON — The Supreme Court on Wednesday rejected a challenge to the Nuclear Regulatory Commission's authority to approve a facility in Texas to store spent fuel.

The court ruled 6-3 on technical grounds that the state of Texas and others that sued could not pursue their claims because they had failed to intervene at an earlier stage when the agency was considering the proposal.

As a result, the justices did not reach the legal question of whether the NRC could authorize a temporary, privately owned storage site and allow for waste to be transported there.

At issue was whether the commission correctly allowed a company called Interim Storage Partners to store spent nuclear fuel in Andrews County, Texas, for up to 40 years.

As was discussed during the oral argument in March, the site could effectively become permanent, as the agency could extend the 40-year deadline indefinitely.