The Supreme Court on Wednesday restarted plans to temporarily store nuclear waste at sites in rural Texas and New Mexico, even as the nation is at an impasse over a permanent solution.
The justices, by a 6-3 vote, reversed a federal appeals court ruling that invalidated the license granted by the Nuclear Regulatory Commission to a private company for the facility in southwest Texas. The outcome should also reinvigorate plans for a similar facility in New Mexico roughly 40 miles away.
The federal appeals court in New Orleans had ruled in favor of the opponents of the facilities.
The licenses would allow the companies to operate the facilities for 40 years, with the possibility of a 40-year renewal.
The court's decision is not a final ruling in favor of the licenses, but it removes a major roadblock.
IN CASE YOU MISSED IT | Michigan nuclear plant will restart to deliver new power to rural communities
Roughly 100,000 tons of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.
The NRC has said that the temporary storage sites are needed because existing nuclear plants are running out of room. The presence of the spent fuel also complicates plans to decommission some plants, the Justice Department said in court papers.
Plans for a permanent underground storage facility at Yucca Mountain, northwest of Las Vegas, are stalled because of staunch opposition from most Nevada residents and officials.
The NRC’s appeal was filed by the Biden administration and maintained by the Trump administration. Texas Gov. Greg Abbott, a Republican, and New Mexico Gov. Michelle Lujan Grisham, a Democrat, are leading bipartisan opposition to the facilities in their states.
FROM THE ARCHIVES | Why Is There New Interest In Fusion Energy?
The NRC granted the Texas license to Interim Storage Partners, based in Andrews, Texas, for a facility that could take up to 5,500 tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles west of Dallas, near the Texas-New Mexico state line.
The New Mexico facility would be in Lea County, in the southeastern part of the state near Carlsbad. The NRC gave a license for the site to Holtec International, based in Jupiter, Florida.
