Supreme Court sets argument date in nuclear case

By Niina H. Farah | 11/22/2024 04:19 PM EST

The challenge over federal authority to license temporary waste storage facilities has the potential to affect lawsuits against a variety of agencies.

The Nuclear Regulatory Commission outside Washington.

Lawyers for the Nuclear Regulatory Commission allege that Texas Attorney General Ken Paxton, who prevailed in the 5th Circuit, did not have standing to bring his case because he had not formally participated in proceedings before the agency. Pablo Martinez Monsivais/AP

The Supreme Court will hear arguments early next year in a legal challenge targeting the federal government’s authority to license temporary nuclear waste storage facilities located far from nuclear reactors.

Oral arguments in NRC v. Texas will take place on March 5, according to the court’s recently updated calendar.

The case challenges the 5th U.S. Circuit Court of Appeals decision nixing a license for the private company Interim Storage Partners to store nuclear waste in Texas’ Permian Basin.

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Lawyers for the Nuclear Regulatory Commission allege that Texas Attorney General Ken Paxton, a Republican, who prevailed in the 5th Circuit, did not have standing to bring his case because he had not formally participated in proceedings before the agency.

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