The U.S. Supreme Court heard arguments Wednesday regarding the federal government's authority to license private nuclear waste storage facilities, specifically focusing on a controversial site in Andrews County, Texas [1][2].

The case centers on a 2021 Nuclear Regulatory Commission (NRC) license granted to Interim Storage Partners for storing up to 40,000 metric tons of spent nuclear fuel near the Texas-New Mexico border [1][3].

The dispute reached the Supreme Court after the 5th U.S. Circuit Court of Appeals ruled that the NRC lacked authority under the Atomic Energy Act of 1954 to issue such licenses [1]. The Trump administration, which has taken over the case from the Biden administration, is defending the NRC's authority [2].

Texas officials, including Governor Greg Abbott, strongly oppose the facility. The state argues that the license is unlawful and poses environmental risks [3]. Texas has already enacted legislation banning high-level nuclear waste disposal within its borders.

During arguments, several justices expressed skepticism about the NRC's control over who can challenge its decisions. Justice Elena Kagan questioned the agency's authority to limit legal challenges, while Justice Clarence Thomas called the arrangement 'somewhat strange' [1].

The case has broader implications for nuclear energy in the United States. Acting Solicitor General Sarah Harris warned that invalidating the NRC's authority could 'grind the operations of nuclear reactors to a halt' since they require storage solutions for spent fuel [2].

The hearing comes against the backdrop of the failed Yucca Mountain repository project in Nevada, which was intended to be a permanent storage solution. Justice Neil Gorsuch noted that despite $15 billion in spending, Yucca Mountain remains 'a hole in the ground' [1].

A ruling is expected by the end of June 2025 [1].