WASHINGTON, D.C.: The Supreme Court is to hear arguments in a case that could determine the future of nuclear waste storage in the United States.

The case revolves around whether the Nuclear Regulatory Commission (NRC) exceeded its authority in granting licenses for temporary storage facilities in Texas and New Mexico.

The Biden administration and a private company, Interim Storage Partners LLC, are appealing a ruling by the 5th U.S. Circuit Court of Appeals, which found that the NRC overstepped its authority. The outcome will also impact a similar facility in New Mexico.

Currently, around 100,000 tons of spent nuclear fuel is stored at sites across the country, originally intended as temporary locations before permanent underground disposal. However, plans for a long-term storage site at Yucca Mountain in Nevada were abandoned due to widespread opposition. The NRC argues that new facilities are necessary, as existing plants are running out of storage space.

The Texas facility, licensed to Interim Storage Partners, would store up to 5,000 metric tons of spent fuel rods and other radioactive waste. Located in Andrews County, near the Texas-New Mexico border, it would sit alongside an existing low-level waste disposal site.

Meanwhile, Holtec International has been licensed to build a similar facility in Lea County, New Mexico, near Carlsbad. Both licenses permit storage for 40 years, though critics warn the sites could become permanent due to the lack of a national storage solution.

Opposition to these sites spans political and industry lines. Texas Governor Greg Abbott and New Mexico Governor Michelle Lujan Grisham both oppose the facilities. Environmental groups, the oil and gas industry, and local communities along the potential transportation routes have also raised concerns. Republican Senator Ted Cruz, in a legal brief, argued that the waste sites could become "enticing targets for terrorists" and pose a risk to the Permian Basin, a major oil and gas hub.

The Supreme Court will examine whether Texas and New Mexico forfeited their right to challenge the NRC's decisions by not participating in the commission's proceedings. Two other federal appeals courts upheld the NRC's authority, but the 5th Circuit ruled in favor of Texas.

The second issue is whether federal law permits the NRC to license temporary storage sites. Opponents cite a 2022 Supreme Court ruling requiring explicit congressional approval for agencies regulating major national issues. The 5th Circuit found that nuclear waste storage is such an issue. However, the Justice Department argues that the NRC's authority dates back to the 1954 Atomic Energy Act.