NRC v. Texas
| Nuclear Regulatory Commission v. Texas | |
|---|---|
 | |
| Decided June 18, 2025 | |
| Full case name | Nuclear Regulatory Commission v. Texas |
| Docket no. | 23-1300 |
| Citations | 605 U.S. ___ (more) |
| Holding | |
| Only parties to the NRC's licensing proceedings are entitled to obtain judicial review of the Commission's licensing decisions. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kavanaugh |
| Dissent | Gorsuch, joined by Thomas, Alito |
Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), was a United States Supreme Court case in which the court held that only parties to the Nuclear Regulatory Commission's licensing proceedings are entitled to obtain judicial review of the Commission's licensing decisions.[1][2]
Background
[edit]The Atomic Energy Act of 1954 generally prohibits the private possession of nuclear materials, including spent nuclear fuel, without a license. The Nuclear Regulatory Commission may license the possession of nuclear materials, subject to statutory and procedural requirements. In this case, Interim Storage Partners (ISP) applied for a license to build a facility in Texas to store spent nuclear fuel. During ISP’s licensing proceeding, a Texas government agency submitted comments, including comments on a draft environmental impact statement prepared by the Commission for the proposed facility. Fasken Land and Minerals, a private Texan business, similarly submitted comments, and it also sought to intervene in the licensing proceeding. The Commission denied Fasken's petition to intervene. Fasken then unsuccessfully challenged that denial of intervention before the full Commission and the D.C. Circuit.[1]
In September 2021, the Commission granted ISP a license to build and operate its proposed storage facility. Texas and Fasken sought review of the Commission’s licensing decision in the Fifth Circuit. The Fifth Circuit vacated ISP’s license.[1]
References
[edit]- ^ a b c Nuclear Regulatory Commission v. Texas, No. 23-1300, 605 U.S. ___ (2025).
- ^ "Additional opinions from Wednesday, June 18". SCOTUSblog. June 18, 2025. Retrieved July 5, 2025.
External links
[edit]- Text of Nuclear Regulatory Commission v. Texas, No. 23-1300, 605 U.S. ___ (2025) is available from: Justia
This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain.
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