What the Supreme Court Case Means for the Future of Local Control
When people think about the U.S. Supreme Court, they picture big national debates—abortion, guns, elections.
But right now, there’s a case in front of the Court that could impact something much closer to home:
Whether states and local communities still have a say in what happens to them.
It’s called Nuclear Regulatory Commission v. Texas, and at the heart of the case is one simple question:
Can the federal government force a state to accept something it didn’t agree to—something as dangerous as nuclear waste?
Here’s the Backstory
In 2021, the Nuclear Regulatory Commission (NRC) gave a 40-year license to a private company (Interim Storage Partners) to store tens of thousands of tons of high-level radioactive waste in Andrews County, Texas.
Texas said NO.
Local landowners said NO.
New Mexico, where another site is proposed, also said NO.
But the NRC pushed forward anyway.
So the State of Texas, along with Fasken Oil and Ranch, took the case to court.
Now it’s at the Supreme Court—and the stakes are enormous.
This Isn’t Just About Nuclear Waste
This is about local control.
If the Court sides with the NRC, it opens the door for federal agencies to ignore state laws and community voices on any number of issues—not just waste storage.
Today it’s nuclear waste. Tomorrow it could be:
Chemical disposal sites
Pipeline routes
Mining operations
Industrial zoning decisions
Or anything else that powerful interests want—but the people don’t
What the Court Is Being Asked to Decide
The justices are weighing two big questions:
Can states and citizens (like local landowners) challenge a federal agency’s decision if they weren’t part of the original licensing process?
Does the NRC even have the authority to license “temporary” private nuclear waste storage—especially when Congress never approved it as a solution?
Some justices have already expressed concern.
Justice Gorsuch even asked:
“A 40-year license doesn’t sound very temporary to me.”
He’s right to question it.
Why Local Control Matters
At Americans for Responsible Nuclear Waste (ARNW), we believe:
Communities should have a say in decisions that impact their health, land, and future
States should not be strong-armed into becoming dumping grounds for the nation’s waste
Agencies like the NRC should follow the law, not rewrite it to suit political convenience
This case could either protect the power of local governments—or strip them of their ability to say no.
A Bad Ruling Sets a Dangerous Precedent
If the NRC wins this case, it tells every federal agency:
"Don’t worry about consent. Just move forward."
That’s a dangerous path.
Because when local voices don’t matter, democracy breaks down—one town, one county, one state at a time.
What You Can Do Right Now
Learn about the case – Most people don’t know this fight is happening.
Call your state and federal representatives – Let them know you expect them to defend state rights.
Support local and regional advocacy groups like ARNW.
Sign up for updates – Stay informed and help us fight for fair, responsible policies.
Because this case isn’t just about radioactive waste.
It’s about the power to protect our homes, our communities, and our future—from decisions made behind closed doors in D.C.