In September 2021, the state of Texas, Governor Greg Abbott, the Texas Commission on Environmental Quality, Fasken Land and Minerals and the Permian Basin Land and Royalty Owners filed a lawsuit against the U.S. Nuclear Regulatory Commission. On Friday, according to court documents sent to us from Monica Perales, an attorney for Fasken Oil and Ranch, judges agree with the State of Texas and the license has been vacated.
ANDREWS, Texas — In September 2021, the state of Texas, Governor Greg Abbott, the Texas Commission on Environmental Quality, Fasken Land and Minerals and the Permian Basin Land and Royalty Owners filed a lawsuit against the U.S. Nuclear Regulatory Commission.
On Friday, according to court documents sent to us from Monica Perales, an attorney for Fasken Oil and Ranch, judges agree with the State of Texas and the license has been vacated.
According to the judgement papers sent to us from Perales, the court said:
"Texas is correct. The Atomic Energy Act does not confer on the Commission the broad authority it claims to issue licenses for private parties to store spent nuclear fuel away-from-the-reactor. And the Nuclear Waste Policy Act establishes a comprehensive statutory scheme for dealing with nuclear waste generated from commercial nuclear power generation, thereby foreclosing the Commission’s claim of authority. Accordingly, we grant the petition for review and vacate the license."
In the concluding paragraph of the documents, the judges say "we grant the petitions for review, vacate the license, and deny the Commission’s motions to dismiss."