Supreme Court Sides with NRC — But the Fight for Responsible Nuclear Waste Isn’t Over
On June 18, 2025, the U.S. Supreme Court issued its long-awaited decision in NRC v. Texas, siding with the Nuclear Regulatory Commission (NRC) and reinstating the license granted to Interim Storage Partners (ISP) to store thousands of tons of high-level nuclear waste in West Texas. This ruling reverses a Fifth Circuit decision that found the NRC had overstepped its authority, and it puts a spotlight on a dangerous precedent: that private entities may now be permitted to store highly radioactive material without a permanent solution or local consent.
What the Court Decided
In a 6–3 ruling, the majority held that the NRC did not exceed its statutory authority when it licensed ISP to build and operate a temporary nuclear waste storage facility in Andrews County, Texas. The justices concluded that the Atomic Energy Act and Nuclear Waste Policy Act do not expressly prohibit such interim storage by private companies, even though the laws clearly emphasize a federal responsibility and long-term strategy.
However, three justices dissented.
The Dissenting Opinion: A Warning We Can’t Ignore
Justice Neil Gorsuch, joined by Justices Thomas and Alito, delivered a strong dissent:
“By law, spent nuclear fuel may be stored on an interim basis in only two places: at a nuclear reactor or a federally owned facility. Disregarding those instructions, the NRC issued an interim storage license to a private company…”
The dissent warned that this license violates both the letter and the spirit of the law, arguing that Congress clearly intended to prevent exactly this kind of piecemeal, ad hoc approach to radioactive waste storage. They also expressed concern that approving a private site opens the door to “de facto permanent storage”—with no end in sight and no safeguards for host communities.
What Happens Next?
Despite the ruling, this issue is far from over. Here’s what to watch moving forward:
1. Political and Legislative Pressure
The Court’s decision doesn’t mean Congress can’t act. In fact, it should. Advocates are calling for legislation that:
Requires state and local consent before nuclear waste is transported and stored.
Reaffirms the federal government’s obligation to find a permanent, consent-based solution.
Closes loopholes that allow interim storage to become permanent by default.
2. Continued Local Opposition
Both Texas and New Mexico—the states most impacted by this decision—continue to oppose the project. Elected leaders, landowners, tribal nations, and community advocates are standing firm in their resistance to becoming the nation’s dumping ground.
3. Legal and Regulatory Challenges
While the Supreme Court reinstated the license, legal challenges related to transport, environmental justice, seismic risk, and water contamination could still halt or delay operations.
4. Growing Public Awareness
This ruling has sparked national attention and elevated the conversation around nuclear waste storage, transport, and responsibility. That awareness creates new opportunities for advocacy and education.
Our Position
At Americans for Responsible Nuclear Waste, we are not anti-nuclear—we are pro-responsibility. We believe:
Nuclear waste should not be moved without a viable long-term plan.
Private, profit-driven storage is not a safe substitute for a federally-managed solution.
Communities must have a voice in decisions that affect their health, safety, and environment.
How You Can Help
Stay informed. Sign up for our newsletter for regular updates and ways to get involved.
Spread the word. Share this post with friends, neighbors, and elected officials.
Contact your representatives. Urge them to support legislation for consent-based, permanent solutions—not short-sighted schemes.
🛑 Just because the Court said it’s legal doesn’t mean it’s right.
💬 Let’s keep the pressure on.
🧠 Let’s keep educating.
🚫 Let’s say no to de facto permanent waste dumps in West Texas.
Together, we can demand a smarter, safer, and more responsible path forward.