US court rules Texas cannot challenge federal approval
(MENAFN) The US Supreme Court ruled on Wednesday that Texas cannot legally challenge the federal approval of a privately owned temporary nuclear waste storage facility, as the state was not a party involved in the Nuclear Regulatory Commission (NRC)’s licensing process.
This decision overturned a previous ruling by a federal appeals court in New Orleans, which had invalidated the NRC’s license for the site in southwest Texas. The license allows the facility to operate for 40 years, with the possibility of a 40-year extension.
Following the ruling, plans for a similar facility in New Mexico are expected to resume, according to local media.
Justice Brett Kavanaugh, who authored the opinion, explained that neither Texas nor Fasken Land and Minerals, an oil and gas company based in Texas, had the legal standing to sue over the license.
"Under the Hobbs Act, only an aggrieved 'party' may obtain judicial review of a Commission licensing decision," Kavanaugh wrote.
He further noted, "Texas and Fasken are not license applicants, and they did not successfully intervene in the licensing proceeding. So neither was a party eligible to obtain judicial review."
In response, the NRC issued a statement emphasizing that the ruling clarifies its authority in such matters.
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