The U.S. Supreme Court’s 6–3 ruling overturning a lower court has reignited plans for temporary nuclear waste storage in Texas and New Mexico, removing legal hurdles but leaving long‑term solutions in limbo.
At a Glance
- The Supreme Court reversed a Fifth Circuit decision that had invalidated NRC-issued licenses for nuclear waste sites in Texas and New Mexico
- Interim Storage Partners and Holtec International can now pursue operation permits allowing 40 years of storage, with the option to renew once
- Approximately 100,000 tons of spent nuclear fuel are currently stockpiled at plant sites nationwide, increasing by ~2,000 tons annually
- Justice Kavanaugh’s majority opinion held that Texas and New Mexico lacked legal standing to challenge NRC licensing
- Permanent storage at Yucca Mountain remains stalled amid political and local opposition
Legal Precedent and Regulatory Swing
In a decisive ruling, the Supreme Court granted the Nuclear Regulatory Commission (NRC) new authority to proceed with interim storage licenses granted in 2021 to Interim Storage Partners (Texas) and Holtec International (New Mexico). The 6–3 decision overturned a Fifth Circuit ruling that had previously revoked these licenses, clearing a legal pathway for the projects to move forward. Justice Brett Kavanaugh, writing for the majority, argued that Texas and New Mexico lacked legal standing to block the NRC’s federal licensing power, as reported by AP News.
Overflowing Waste, Empty Solutions
With more than 100,000 tons of spent nuclear fuel currently stored across dozens of U.S. reactor sites—and an additional 2,000 tons accumulating annually—federal officials stress that temporary storage solutions are urgently needed. On-site waste buildup hampers decommissioning of older plants and increases safety risks. The Reuters report noted that the NRC and Department of Justice welcomed the Court’s ruling as a step toward more secure interim storage and modernization of the nation’s waste strategy.
Political and Environmental Crossfire
Texas Governor Greg Abbott and New Mexico Governor Michelle Lujan Grisham both denounced the ruling, arguing that it risks turning their states into the nation’s de facto radioactive waste dump. Environmental activists also raised concerns about transportation and storage hazards. Meanwhile, Yucca Mountain—long designated as the permanent national repository—remains stalled due to deep political opposition, especially from Nevada, leaving interim solutions as the only near-term option. Axios reported that the ruling could reshape U.S. nuclear policy for years to come if no permanent facility is ever approved.
With federal regulators now cleared to proceed, the nation’s nuclear future—and its waste footprint—hangs in the balance as Texas and New Mexico brace for what could be decades of interim storage.
