Why the Supreme Court Case on Nuclear Waste Storage Should Matter to Every American
The fight over nuclear waste in West Texas & New Mexico isn't just about policy—it’s about protecting our land, water, and voice.
A 40-Year “Temporary” Mistake?
Earlier this year, the U.S. Supreme Court heard oral arguments in a case that could reshape how nuclear waste is handled in the United States—and whether communities like ours have any say in the matter.
The case, Nuclear Regulatory Commission v. Texas, asks whether the federal government, through the NRC (Nuclear Regulatory Commission), can license private companies to store high-level radioactive waste for up to 40 years—or more—on privately owned land, even when the host state objects.
Right now, one of those sites is right here in West Texas.
What’s at Stake?
For years, the federal government has failed to build a permanent nuclear waste repository, leaving spent nuclear fuel piling up at reactors across the country. But instead of solving that problem, the NRC issued a 40-year license to Interim Storage Partners (ISP) to store up to 40,000 metric tons of this waste in Andrews County, Texas.
To put that in perspective, that’s more radioactive waste than has ever been stored anywhere in the country. And it’s headed to a place with no permanent plan, no community consent, and no way to guarantee future safety.
What the Supreme Court Is Deciding
The justices are weighing two critical questions:
Does Texas (and local landowners like Fasken Oil and Ranch) have the legal standing to challenge the license?
Did the NRC have the authority to issue it in the first place?
Some justices, including Justice Gorsuch, raised doubts about whether a 40-year "temporary" license—especially one that can be renewed indefinitely—meets the intent of the law. After all, the Nuclear Waste Policy Act never envisioned private interim sites as a permanent substitute for a national solution.
Why It Matters for ARNW Supporters
If the Supreme Court sides with the NRC, it sets a dangerous precedent: allowing powerful federal agencies to override state laws and community will, all while dodging the permanent solution Congress already mandated.
At Americans for Responsible Nuclear Waste (ARNW), we believe that:
No nuclear waste should be stored without the informed consent of the host state and communities.
The NRC should not bypass the intent of federal law to suit temporary political convenience.
The Permian Basin, one of the most vital energy-producing regions in America, should not be used as a dumping ground for radioactive waste produced nationwide.
Without a permanent repository that meets the geological requirements, this de facto permanent storage has no business not meeting the same standards.
What’s Next?
The Court is expected to make its ruling later this year. In the meantime, we’re doing everything we can to raise awareness, build coalitions, and hold decision-makers accountable.
How You Can Help
Learn more – Sign up for our newsletter to get real-time updates on the case and our advocacy efforts.
Share your voice – Tell your friends and neighbors about what’s happening. The more people know, the stronger we are together.
Contact your representatives – Let them know Texans (and Americans) deserve a permanent, science-based nuclear waste plan—not a quick fix that risks our land and our health.
The Bottom Line
This case isn’t just about West Texas & New Mexico. It’s about whether states, communities, and everyday people can still shape the future of their environment.
Let’s make sure the answer is yes.