Nuclear Waste Policy and Oversight

The laws governing nuclear waste storage and disposal determine not only where radioactive materials end up—but also who bears the risk. Policies designed decades ago are now being tested by new proposals, changing technologies, and growing public concern over fairness and safety.

At Americans for Responsible Nuclear Waste (ARNW), we believe sound policy begins with accountability, transparency, and consent. This page breaks down the laws, agencies, and oversight mechanisms that shape the nation’s nuclear waste strategy—and how they affect the future of every community in America.

The Legal Framework for Nuclear Waste Management

Nuclear waste policy in the U.S. is built on a foundation of federal legislation and regulatory oversight. Key among these is the Nuclear Waste Policy Act (NWPA) of 1982, which established the government’s responsibility for safely disposing of high-level radioactive waste and spent nuclear fuel.

Other important legal instruments include:

Atomic Energy Act (1954): Granted the federal government authority over nuclear materials and established the Nuclear Regulatory Commission (NRC).
Energy Policy Act (1992): Expanded federal powers and oversight for nuclear energy development.
National Environmental Policy Act (NEPA): Requires environmental impact assessments before major nuclear projects proceed.

Together, these laws outline how nuclear waste should be managed—but not always how it actually is.

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The Nuclear Waste Policy Act (NWPA)

The NWPA is the cornerstone of America’s Nuclear Waste strategy. It defines:

The federal government’s obligation to find a permanent disposal site.
The process for state participation and consent.
The creation of the Nuclear Waste Fund, financed by ratepayers.
The development of Yucca Mountain as the original disposal site—now defunded and politically defunct.

Despite its intent, implementation has stalled, leaving the U.S. without a long-term repository and billions of dollars in waste funds unspent.

The Role of Federal Agencies

Several agencies share responsibility for nuclear waste oversight:

Nuclear Regulatory Commission (NRC): Licenses storage and transport but has been criticized for overstepping its statutory authority by issuing licenses for de facto permanent storage without Congressional or state consent.
Department of Energy (DOE): Manages nuclear waste from defense and energy programs and is legally responsible for developing a permanent repository.
Environmental Protection Agency (EPA): Establishes radiation protection standards for disposal facilities.

ARNW advocates for clearer boundaries and accountability among these agencies to prevent regulatory overreach and ensure compliance with federal law.

State and Local Consent in Policy

Consent-based siting is a central principle of responsible nuclear waste policy. Under the NWPA, states have a right to participate and even veto proposed storage facilities within their borders.

However, recent licensing actions by the NRC in Texas and New Mexico have challenged this process—authorizing private interim storage facilities without the consent of state governments or affected communities.

ARNW argues that consent must remain a legal requirement, not a courtesy. Communities should have a voice in decisions that could affect them for generations.

Oversight, Accountability, and the Courts

Judicial oversight has become increasingly important in determining how nuclear waste policy is applied. Recent legal developments include:

U.S. Supreme Court Case 23-1300: Addressing NRC authority and the legality of private interim storage.
Fifth Circuit Rulings: Affirming that the NRC exceeded its authority under the Atomic Energy Act and the NWPA.
State Legislation: Texas and New Mexico laws now prohibit high-level waste storage without state approval.

These cases underscore the growing recognition that nuclear waste management must follow not only science—but law.